Does the Commission prosecute the cases it investigates?
The Act explicitly states that, if upon completion of an investigation by the Commission, it appears to the Director that a person has committed an offence of corrupt practice under Chapter 4 or any other offence discovered during the investigation, the Director must refer the matter and all relevant information and evidence assembled by the Commission in connection with the matter to the Prosecutor-General. The power to prosecute is a constitutional power that vests in the Prosecutor-General. A staff member of the Commission who possesses the required legal qualifications to appear in a court of law in Namibia may prosecute if the Prosecute-General, in consultation with the Director, delegates the authority to conduct criminal proceedings in court in respect of that matter. The staff member will in the exercise of such power be subject to the control and direction of the Prosecutor-General.
