THE ATTORNEY-GENERAL OF THE REPUBLIC OF NAMIBIA

Statement during the High-Level Political Conference for the Purpose

of Signing the United Nations Convention against Corruption

Mr. President,

Excellencies,

Ladies and Gentlemen

On behalf of the Namibian delegation, I join others before me who congratulate you, Mr. President, and the entire Bureau, for your election. We wish you success in your endeavors. I would like to thank the Government of Mexico and the people of Merida for hosting this Conference and for their hospitality.

I would also like to congratulate the members of the Ad Hoc Committee and its Bureau, for all the hard work and determination which has brought into being this long awaited Global Instrument, and pay tribute to the memory of Late Chairman Ambassador Hector Charry Samper, his contribution to this mammoth tasks will always be remembered.

Corruption is an evil practice which has the capability of incapacitating our governments from performing their delivery functions to those that can least defend themselves against the costs of corruption namely the poor, the weak, the vulnerable and the children who will ultimately bear the brunt of mismanaged societies, waste and fraud.

Since independence at the beginning of the last decade of the just ended century, the Namibian Government has placed constitutional measures in place to root out corruption from public institutions. In terms of the Namibian Constitution, the Ombudsman has a duty to investigate complaints of alleged acts of corruption committed by public officials, and in the exercise of these powers, culprits have been put before the criminal justice system. Where necessary, the President appoints special investigative Commissions of Inquiry to probe allegations of corruption, and the Namibian Police, in the exercise of its functions, also investigates complaints made to it.

Over the years, however, advantage has been taken of oversights in the legislative frameworks, as legislators cannot foresee all eventualities during the law making process, and in order to close all loopholes, Namibia has passed the Anti-Corruption Act of 2003 (Act 8 of 2003) proscribing a vast array of corrupt acts, attempts and conspiracies. This statute augments a program called the National Integrity Promotion Programmed, launched with the purpose of cultivating an upright society free of corruption and its attendant evils.

Namibia's Anti-Corruption Act provides for the establishment of an Anti-Corruption Commission headed by a National Director and a deputy, both appointed by the National Assembly on the nomination of the President. The Commission appoints investigators, who have full and wider powers as to investigations, and unlike the Ombudsman, the Commission and its investigators do not require a lodged complaint to initiate investigations, but they may investigate allegations of corruption at their own instance.

Prosecutorial powers are, however, constitutionally vested in the Prosecutor-General, an Office which resorts under my Office, but functions independently.

This aspect of our Anti-Corruption statute embodies the separation of powers doctrine which is the bedrock of our Constitution and acts as a check and balance in the very machinery that checks upon society. The Commission is obliged to report any contravention of offences to the Prosecutor-General for prosecution, and the Prosecutor-General can delegate the prosecution of such contraventions to the Commission, but the decision to prosecute lies with the Prosecutor-General, who is review able by court action.

Together with our International Co-Operation in Criminal Matters Act, (Act 9 of 2000), the Extradition Act, (Act 11 of 1996), the Foreign Courts Evidence Act, (Act 2 of 1995) and the Criminal Procedure Act, (Act 51 of 1977), the Anti Corruption Act forms part of Namibia's arsenal against

corruption and organized crime.

We are, however, cognizant of the fact that a legislative measure is not the alpha and omega to the much wider problem at hand. We as a nation, and together as people of the world, will succeed if we also gear efforts towards the total elimination of all conceivable situations which may encourage corruption, along with convincing our societies of the danger posed by corruption to our democracies and systems of government, and to small economies such as that of Namibia.

Mr. President,

With this Convention, which I had the honor of signing yesterday already, we launch off a legally sound globalize response to corruption and organized crime, which will bolster national and regional efforts. Corruption and organized crime, like HIV/AIDS and terrorism, know no boundaries. Every country is a potential bonanza field, and every country is a potential haven. With this Convention, the lords of the dark world of crimes will be unable to reap the fruits of their deeds, as the Convention makes a major breakthrough in providing for the return of assets by the State Parties to the countries from which they where stolen.

Therefore, under cover of the underlying fortitude of international co-operation and assistance based on the fundamental principles of sovereignty, equality among Member States and the countenance of international law, we can effectively prevent, detect and repress corruption.

I am convinced that if the efforts laid down by this conference obtain both political and public support, we will succeed, and the future generations will live in a more ethical society, in which public sector and private business activities are conducted in a fairer and cleaner manner.

I thank you.