{"id":440695,"date":"2011-06-14T06:49:47","date_gmt":"2011-06-14T06:49:47","guid":{"rendered":"http:\/\/www.ghanamma.net\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/"},"modified":"2011-06-14T06:49:47","modified_gmt":"2011-06-14T06:49:47","slug":"namibia-hailulu-faces-wait-in-battle-against-acc","status":"publish","type":"post","link":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/","title":{"rendered":"Namibia: Hailulu Faces Wait in Battle Against ACC"},"content":{"rendered":"
\n
\n
\n

\"The<\/a><\/p>\n

Werner Menges<\/p>\n

9 June 2011<\/p>\n

\n

A case in which National Housing Enterprise Chief Executive Officer Vinson Hailulu is on the attack over an investigation in which he was targeted by the Anti-Corruption Commission was postponed in the High Court in Windhoek yesterday.<\/p>\n

The case was postponed to give the Prosecutor General time to also join the proceedings, which Hailulu launched in 2008, and to respond to the allegations that Hailulu has made against the Anti-Corruption Commission and its investigation of the case in which he had been charged.<\/p>\n

Hailulu initially sued only the ACC and its Director, Paulus Noa, the National Union of Namibian Workers, and the Windhoek magistrate who presided over his case before he obtained a provisional court order in February 2009 to have the criminal proceedings instituted against him declared invalid.<\/p>\n

In that court order, his arrest in November 2008 was also declared unlawful, and the ACC’s decision to conduct an investigation of allegations made against Hailulu was further set aside.<\/p>\n

The order remains in force until further legal proceedings that Hailulu has instituted against the ACC, Noa, the NUNW and the magistrate have been finalised.<\/p>\n

In the case which Judge President Petrus Damaseb postponed yesterday, Hailulu is asking the court to set aside the ACC’s decision to investigate allegations that had been made against him.<\/p>\n

Hailulu is claiming the ACC’s decision was “prompted by ulterior motives” and was taken for the purpose of achieving an unlawful aim of reversing the retrenchment of former NHE employees who lost their jobs in a restructuring process that was undertaken after he was appointed as NHE CEO in 2006.<\/p>\n

Hailulu also wants the court to set aside the warrant for his arrest, and the arrest which was carried out on November 27 2008. He is claiming that in terms of the Anti-Corruption Act the ACC has no powers to arrest people, unless it is someone who has committed a recent offence in terms of the Act, before the Prosecutor General has taken a decision to prosecute them.<\/p>\n

He is further asking the court to declare the criminal proceedings instituted against him in the Windhoek Magistrate’s Court as invalid.<\/p>\n

In a far-reaching part of his application, Hailulu is also asking the court to declare section 43(2) of the Anti-Corruption Act as unconstitutional.<\/p>\n

That part of the law states: “(P)roof that a public officer in a public body has made a decision or taken action in relation to any matter in which the public officer, or any relative or associate of his or hers has an interest, whether directly or indirectly, is, in the absence of evidence to the contrary which raises reasonable doubt, sufficient evidence that the public officer has corruptly used his or her office or position in the public body in order to obtain a gratification.”<\/p>\n

That part of the Act violates the right to a fair trial and the right to be presumed innocent until proven guilty beyond reasonable doubt, Hailulu is claiming.<\/p>\n

Hailulu is alleging that the former NHE employees affected by the restructuring process collaborated with the NUNW, and specifically the union’s Secretary General, Evilastus Kaaronda, to get the ACC to investigate allegations against him.<\/p>\n

At the time of his arrest, it was reported that the ACC was alleging that Hailulu had enriched himself and others with NHE resources, had paid for personal expenses with an NHE credit card, and had appointed and promoted staff members at the NHE without following procedures.<\/p>\n

Hailulu is also suing the ACC, Noa, the NUNW, Kaaronda, the Namibia Financial Institutions Union (Nafinu) and Nafinu’s General Secretary, Asnath Zamuee, for N$2,025 million over alleged defamation, unlawful arrest and malicious prosecution.That case, too, has been postponed, with Judge President Damaseb having indicated that he wants Hailulu’s other case to be heard first before the defamation claim is heard.<\/p>\n

Hailulu is being represented by Sisa Namandje and Cape Town counsel Theo Barnard. The ACC and Noa were represented by South African senior counsel Vincent Maleka and Harald Geier yesterday.<\/p>\n

<\/p>\n

\nMore News on allAfrica.com<\/strong><\/legend>\n<\/fieldset>\n

AllAfrica – All the Time<\/p>\n

\n<\/div>\n<\/p>\n

See more here:
\nNamibia: Hailulu Faces Wait in Battle Against ACC<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Werner Menges 9 June 2011 A case in which National Housing Enterprise Chief Executive Officer Vinson Hailulu is on the attack over an investigation in which he was targeted by the Anti-Corruption Commission was postponed in the High Court in Windhoek yesterday. <\/p>\n","protected":false},"author":0,"featured_media":440696,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[],"class_list":{"0":"post-440695","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-local-news"},"yoast_head":"\nNamibia: Hailulu Faces Wait in Battle Against ACC - Ghanamma.com<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Namibia: Hailulu Faces Wait in Battle Against ACC - Ghanamma.com\" \/>\n<meta name=\"twitter:description\" content=\"Werner Menges 9 June 2011 A case in which National Housing Enterprise Chief Executive Officer Vinson Hailulu is on the attack over an investigation in which he was targeted by the Anti-Corruption Commission was postponed in the High Court in Windhoek yesterday.\" \/>\n<meta name=\"twitter:creator\" content=\"@ghanamma\" \/>\n<meta name=\"twitter:site\" content=\"@ghanamma\" \/>\n<meta name=\"twitter:label1\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data1\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/\"},\"author\":{\"name\":\"\",\"@id\":\"\"},\"headline\":\"Namibia: Hailulu Faces Wait in Battle Against ACC\",\"datePublished\":\"2011-06-14T06:49:47+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/\"},\"wordCount\":695,\"commentCount\":0,\"image\":{\"@id\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#primaryimage\"},\"thumbnailUrl\":\"\",\"articleSection\":[\"Local News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/\",\"url\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/\",\"name\":\"Namibia: Hailulu Faces Wait in Battle Against ACC - Ghanamma.com\",\"isPartOf\":{\"@id\":\"https:\/\/www.ghanamma.com\/2011\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#primaryimage\"},\"image\":{\"@id\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#primaryimage\"},\"thumbnailUrl\":\"\",\"datePublished\":\"2011-06-14T06:49:47+00:00\",\"author\":{\"@id\":\"\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#primaryimage\",\"url\":\"\",\"contentUrl\":\"\"},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.ghanamma.com\/2011\/#website\",\"url\":\"https:\/\/www.ghanamma.com\/2011\/\",\"name\":\"Ghanamma.com\",\"description\":\"News In Ghana - Latest Ghana News Headlines\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.ghanamma.com\/2011\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-US\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Namibia: Hailulu Faces Wait in Battle Against ACC - Ghanamma.com","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/","twitter_card":"summary_large_image","twitter_title":"Namibia: Hailulu Faces Wait in Battle Against ACC - Ghanamma.com","twitter_description":"Werner Menges 9 June 2011 A case in which National Housing Enterprise Chief Executive Officer Vinson Hailulu is on the attack over an investigation in which he was targeted by the Anti-Corruption Commission was postponed in the High Court in Windhoek yesterday.","twitter_creator":"@ghanamma","twitter_site":"@ghanamma","twitter_misc":{"Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#article","isPartOf":{"@id":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/"},"author":{"name":"","@id":""},"headline":"Namibia: Hailulu Faces Wait in Battle Against ACC","datePublished":"2011-06-14T06:49:47+00:00","mainEntityOfPage":{"@id":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/"},"wordCount":695,"commentCount":0,"image":{"@id":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#primaryimage"},"thumbnailUrl":"","articleSection":["Local News"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/","url":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/","name":"Namibia: Hailulu Faces Wait in Battle Against ACC - Ghanamma.com","isPartOf":{"@id":"https:\/\/www.ghanamma.com\/2011\/#website"},"primaryImageOfPage":{"@id":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#primaryimage"},"image":{"@id":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#primaryimage"},"thumbnailUrl":"","datePublished":"2011-06-14T06:49:47+00:00","author":{"@id":""},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/"]}]},{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.ghanamma.com\/2011\/06\/14\/namibia-hailulu-faces-wait-in-battle-against-acc\/#primaryimage","url":"","contentUrl":""},{"@type":"WebSite","@id":"https:\/\/www.ghanamma.com\/2011\/#website","url":"https:\/\/www.ghanamma.com\/2011\/","name":"Ghanamma.com","description":"News In Ghana - Latest Ghana News Headlines","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.ghanamma.com\/2011\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"}]}},"_links":{"self":[{"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/posts\/440695","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/comments?post=440695"}],"version-history":[{"count":0,"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/posts\/440695\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/posts\/440696"}],"wp:attachment":[{"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/media?parent=440695"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/categories?post=440695"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2011\/wp-json\/wp\/v2\/tags?post=440695"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}