Nashinge Questions Legality of Reported Two-Month Extension for ACC Director-General
Independent Patriots for Change (IPC) Shadow Minister of Home Affairs, Safety and Security, Hon. Imms Nashinge, has questioned the legality of a reported two-month extension granted to outgoing Anti-Corruption Commission (ACC) Director-General Paulus Noa.
Nashinge described the reported extension as a potential case of executive overreach, arguing that the National Assembly has the constitutional authority to approve the appointment and extension of the ACC Director-General’s tenure.
On 10 July 2026, the National Assembly unanimously approved the appointment of Dr. Bryan Eiseb as the new ACC Director-General in accordance with Article 94A(5) of the Namibian Constitution.
Parliament also approved a one-year statutory extension for Deputy Director-General Adv. Erna van der Merwe to ensure continuity during the leadership transition.
However, Nashinge said information has since emerged that Noa’s tenure was allegedly extended by a further two months during Parliament’s recess, reportedly because his retirement process had not yet commenced.
According to Nashinge, Article 94A(5) of the Constitution and Section 4 of the Anti-Corruption Act provide for the appointment and extension of the ACC Director-General through the National Assembly following an executive nomination.
He therefore questioned whether the President has the authority to unilaterally extend the statutory tenure of the ACC Director-General without parliamentary approval.
Nashinge warned that such an arrangement, if confirmed, could raise concerns about the separation of powers and the authority of decisions already taken by Parliament.
He further raised concerns about the possible legal consequences for the ACC, arguing that decisions, search warrants, investigations and indictments authorised during a tenure extension that was not lawfully approved could potentially be challenged in court.
The IPC lawmaker also questioned the need to retain Noa in office when Parliament had already approved a one-year extension for Van der Merwe to facilitate continuity during the transition to the incoming Director-General.
“There appears to be no legal or operational justification for having three individuals occupying the Commission’s top leadership structure during the transition period,” Nashinge said.
Nashinge has called on the Presidency to provide an immediate explanation of the legal mechanism reportedly used to extend Noa’s tenure and to clarify the constitutional basis for the decision.
