A technicality resulted in an urgent application filed by the Workers’ Revolutionary Party against four of its members to be dismissed and removed from the court roll on Friday morning.
Willem Beukes, the party’s president, filed an urgent application in the Windhoek High Court to have Salmon Fleermuys, Benson Kaapala, Klaus Weichhaus and Hewatt Beukes interdicted from all party activities.
However, he failed to serve every respondent, and did not specify a date when the respondents must indicate whether they opposed the application or not. This left Judge Claudia Claasen with no choice but to throw out the application.
Willem wanted the court to declare Fleermuys and Kaapala non-signatories to the party’s bank account, and to restrain and interdict the respondents from directly or indirectly dealing or interfering with both the administrative as well as financial affairs of the party, or any other activity concerning the party.
He further wanted the court to direct the respondents to hand over two Nissan Hard -Body pick-ups, office furniture and all property of the party in their possession within three working days.
Willem also wanted the court to order the respondents to account for and pay back N$5,755 million they allegedly withdrew or caused to be withdrawn from the party’s bank account without authorisation.
Finally, he asked that the respondents be restrained and interdicted from going near the party’s offices situated in Katutura and for the cost of the suit should any of the respondents oppose the motion. Hewatt Beukes and Fleermuys opposed the motion, and appeared in person. Judge Claasen did not make any order for costs. WRP and Willem Beukes were represented by Thomas Andima.
In an affidavit filed at the court, Willem claimed that both Fleermuys and Kaapala took up the parliamentary seats the party won during the 2014 elections, without the authorisation of the party, and both were subsequently recalled. He also claimed the two were involved in fraudulent activities regarding party funds, and were investigated by the Anti-Corruption Commission. Apart from this, Willem claims that Kaapala loaned himself an amount of N$150 000 from party coffers which has not been repaid until now.
According to the applicant, the respondents are hindering the party’s campaign process and participation in the national elections, and he sees no way out other than to approach the court for redress for the unlawful actions of the respondents, which caused the party to be inactive for the past five years.
-rrouth@nepc.com.na