| Namibia: Integrity Scorecard Report > Sub-Category: Civil Service Regulations | ||
| Indicators | Score | |
| 41 | Are there national regulations for the civil service encompassing, at least, the managerial and professional staff? | 100 |
| 42 | Is the law governing the administration and civil service effective? | 75 |
| 43 | Are there regulations addressing conflicts of interest for civil servants? | 46 |
| 44 | Can citizens access the asset disclosure records of senior civil servants? | 0 |
Indicator and sub-Indicator Details
| 41 | Are there national regulations for the civil service encompassing, at least, the managerial and professional staff? | |||||||
| 41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service. | ||||||||
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Comments: References: Constitution of the Republic of Namibia, Articles 112 and 113 [ LINK ] Public Service Commission Act 2 of 1990, Article 2
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| 41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service. | ||||||||
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Comments: References: The Public Service Code of Conduct, which derives from the provisions of the Public Service Act 13 of 1995
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| 41c: In law, there is an independent redress mechanism for the civil service. | ||||||||
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Comments: References: In terms of The Public Service Code of Conduct, which derives from the provisions of the Public Service Act, 13 of 1995, civil servants may appeal to the prime minister through the secretary of the Cabinet.
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| 41d: In law, civil servants convicted of corruption are prohibited from future government employment. | ||||||||
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Comments: References: The Public Service Code of Conduct, which derives from the provisions of the Public Service Act, 13 of 1995.
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| 42 | Is the law governing the administration and civil service effective? | |||||||
| 42a: In practice, civil servants are protected from political interference. | ||||||||
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Comments: There has been a campaign spearheaded by the ruling Swapo Party Youth League (SPYL), calling for the recruitment of party cadres who know the program of the party into top positions. Although there has not been formal indication as to where the government stands in relations to such calls, to some it has been worrying that these campaigns have not been nipped in the buds by those entrusted with the upholding both the constitution and the laws of Namibia. References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek The Namibian Newspaper, Hamata M., June 14, 2002, SWAPO Calls for Jobs for Comrades, Draw Flak, [ LINK ]
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| 42b: In practice, civil servants are appointed and evaluated according to professional criteria. | ||||||||
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Comments: References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage. | ||||||||
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Comments: References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 42d: In practice, civil servants have clear job descriptions. | ||||||||
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Comments: References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 42e: In practice, civil servant bonuses constitute only a small faction of total pay. | ||||||||
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Comments: References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled. | ||||||||
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Comments: They are published every financial year, as part of the National Budget. References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 42g: In practice, the independent redress mechanism for the civil service is effective. | ||||||||
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Comments: References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 42h: In practice, in the past year, the government has paid civil servants on time. | ||||||||
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Comments: References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 42i: In practice, civil servants convicted of corruption are prohibited from future government employment. | ||||||||
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Comments: A case in point in this regard is attested to by the newspaper article cited above, in which a top official in the Ministry of Home Affairs was charged with misconduct over allegations that he issued national documents improperly and received certain items to which he was not entitled. He has since then been redeployed to various roles within the public service and is currently serving in managerial capacity at regional government level within the Namibian public service. References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek The Namibian Newspaper, Maletsky C., Verdict on Hubscle May Never Happen, Oct. 27, 1998, [ LINK ]
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| 43 | Are there regulations addressing conflicts of interest for civil servants? | |||||||
| 43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected. | ||||||||
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Comments: References: Tender Board of Namibia Act 16 of 1996
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| 43b: In law, there are restrictions for civil servants entering the private sector after leaving the government. | ||||||||
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Comments: Apart from the fact that there are no legal provisions regulating the entrance of civil servants into private employment after leaving the public service, it is also to not against the law for a public servant to engage in remunerative work outside the Public Service, provided permission thereof has been granted by the relevant authority. References: There are no legal provisions to this effect. The Namibian Newspaper, Grobler J., July 18, 2007, Liquid Fuel A Clean Deal [ LINK ]
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| 43c: In law, there are regulations governing gifts and hospitality offered to civil servants. | ||||||||
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Comments: References: The Public Service Code of Conduct, which derives from the provisions of the Public Service Act, 13 of 1995
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| 43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective. | ||||||||
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Comments: This is not applicable. References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective. | ||||||||
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Comments: The relevant provisions of the Public Service Code of Conduct are not strictly enforced. References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek The Namibian Newspaper, Hamata M., SWAPO Calls for Jobs for Comrades, Draw Flak, June 14, 2002, [ LINK ]
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| 43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective. | ||||||||
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Comments: The lack of strict enforcement of the relevant provisions of the Public Service Code was exemplified through the widely publicized case featured in the newspaper article cited above. One of the Avid directors also served the Labour Ministry's contact person for the Social Security Commission, which invested N$30 million (US$4 million) in Avid, whilst also serving as the head of a task force that has to implement the Presidential Commission of Inquiry on the Administration of the Social Security Commission's recommendations. References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek The Namibian Newspaper, Menges W. Avid Report Warns of Conflict of Interest, Dec. 19, 2005, [ LINK ] The Namibian Newspaper, Menges W., Ex-Avid Director Admits He Knew of Kandara Link, Aug. 1, 2005, [ LINK ]
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| 44 | Can citizens access the asset disclosure records of senior civil servants? | |||||||
| 44a: In law, citizens can access the asset disclosure records of senior civil servants. | ||||||||
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Comments: References: There are no legal provisions to this effect.
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| 44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period. | ||||||||
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Comments: The law does not legally provide for such disclosure, nor for the public accessibility to any disclosure forms. References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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| 44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost. | ||||||||
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Comments: The law does not legally provide for such disclosure, nor for the public accessibility of any disclosure forms. References: Tjombe N., Director, Legal Assistance Centre, Friday, Nov. 16, 2007, Windhoek Ndjarakana M., Director of the Namibia Democracy Support Centre; previously he served as Secretary to the National Assembly, Dec. 5, 2007, Windhoek Maamberua U., Senior Lecturer and Head of the Department of Accounting, Auditing and Taxation, University of Namibia; previously he served as Permanent Secretary of the Ministry of Finance, President of SWANU (a political party) Monday, Nov. 19, 2007, Windhoek Jauch H., Head: Research and Education, Labour Research & Resources Institute, Friday, Nov. 16, 2007, Windhoek Mwinga M, Chief Executive Officer, RMB Asset Management Namibia; previously he served as Manager of Banking and Finance at the Bank of Namibia, Friday, Nov. 16, 2007, Windhoek
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