Iuze Mukube 

The Supreme Court of Namibia has dismissed an appeal lodged by a candidate to supersede a decision of the High Court that declined to set aside the election of the Kaptein of the Rehoboth Baster community held on 24 April. 

The appeal was dismissed in the appeal court on Monday. Renault van Wyk, who was a candidate at the elections at the time and who lost to Herbert George ‘Jacky’ Britz, had approached the High Court. 

Van Wyk wanted the court to declare the elections as null and void on grounds of irregularities, including inadequate public awareness, improper sealing of voting boxes, insufficient observers, and vote counts transmitted via SMS. The contender had relied on the Paternal Laws of 19 Paternal Laws of 1872 for the Rehoboth Baster Community, contending that they provided the election framework. However, the High Court had dismissed the application, finding that any action based on the paternal laws was void, simply because they had been repealed. It dismissed the case, finding that Van Wyk participated in the elections with the knowledge of the rules and only objected after being unsuccessful. 

The High Court also found that Van Wyk failed to identify exactly which sections or provisions of the Paternal Laws, “which govern or regulate the holding of an election against which the alleged irregularities were to be adjudged.” 

It further found that he failed to tender sufficient evidence to support his allegations that irregularities occurred during the election held on 24 April 2021 for the Kaptein of the Rehoboth Baster Gemeente. Therefore, Van Wyk’s challenge to the outcome of that election failed. In the appeal court, Deputy Chief Justice Petrus Damaseb, with appeal justices Angula and Smuts, also found that Van Wyk failed to make out a case. 

Damaseb stated that while the appellant succeeded that the Paternal Laws have survived the advent of the Constitution, “the court nonetheless accepts the respondent’s version refuting the appellant’s allegations of irregularities.” He stated that the appeal stood to be dismissed on the ground that Van Wyk failed to “identify the section or provisions of the Paternal Laws which govern or regulate the holding of an election against which the alleged irregularities are to be adjudged.” 

The justice also referred to the judgement in the High Court, where it found that there is no set of legal and binding rules or framework for the conduct of the election, to make his point. 

He also found that Van Wyk failed to tender evidence to support his allegations that irregularities occurred during the election held on 24 April 2021 for the Kaptein of the Rehoboth Baster Gemeente. 

The respondents cited were Cyril Pienaar, who served as the acting kaptein at the time, Wesley Harker as the chairperson of the election, the election committee, Britz and the Rehoboth Baster Gemeente as an interested party. 

Retired teacher Britz became the Rehoboth Baster kaptein after he scored 2 583 votes in the election, while the online votes were disqualified. Van Wyk could only garner 523 votes. 

The election was necessitated by the death of John McNab, who passed away on 3 October 2020. 

He was 82 years old and served as kaptein from 1999, when he succeeded the late Hans Diergaardt. 

–mukubeiuze@gmail.com