The fight for Nudo’s heart, soul as well as rented headquarters, has taken another twist after the Utjiua Muinjangue-led party’s leadership dragged members of a breakaway group to court over a raft of alleged indiscretions, which include convening an illegal congress and unlawfully occupying party premises.
Last weekend, a splinter group of the National Unity Democratic Organisation (Nudo) elected former football administrator Barry Rukoro as the party’s new president during a hastily organised congress, but the party’s last democratically elected leadership under president Muinjangue rejected that congress and all its outcomes.
Rukoro, who is a former secretary general of the Namibia Football Association (NFA), was elected unopposed and has since maintained he is now the incumbent Nudo president, and no amount of rejection will sway his faction.
None of the other contesting candidates for the party’s presidency showed up at last weekend’s disputed congress.
As things stand, and until the High Court pronounces itself otherwise, Nudo effectively has two leaders, with each claiming to be the legitimate one.
In court papers filed in the High Court on Wednesday, Muinjangue and party secretary general Josef Kauandenge, through their lawyer Kadhila Amoomo, seek an interdict to restrain Rukoro and his faction from claiming to be de facto party leaders and an order to prevent them from disseminating correspondence on fake party letterheads.
They are also asking the court to grant them an order to eject Rukoro’s faction from the party’s rental premises situated in the heart of Katutura, along Clemence Kapuuo Street, and for them to immediately stop interfering with the operations of the party.
Illegal congress
Through their legal representatives, Muinjangue and Kauandenge are further accusing the splinter group of breaching the party’s constitution in that they have created disruption and disunity within Nudo’s rank and file.
Relying on Article 16.1 of the party’s constitution, which deals with holding congresses, both leaders maintain their stance that last weekend’s elective congress was illegal and did not follow the prescript legal provisions of the constitution.
Article 16.1 reads: “The national congress shall be held every five (5) years. The national congress shall be the highest decision and policymaking body of Nudo. Without prejudice to further provisions of this constitution, delegates to the National Congress shall be elected as contemplated in 16.4. The notice for the national congress shall be made within six months.”
Further reference was also made to Article 16.3 of the party’s constitution, which states: “If any emergency arises or at the request of two-thirds of the constituency executive committee and regional executive committees, or in the event of a development of sufficient importance calling for immediate action, the national council shall have the power to call for a special or extraordinary national congress.”
Pointing to the overriding significance of articles 16.1, 16.3 and 16.4 of the party’s constitution, both Muinjangue and Kauandenge added: “The said congress was not carried out in accordance with Article 16.1 that says a notice for the national congress shall be made within six months. Also, the congress was not carried out in accordance with Article 16.3 that says the extra-ordinary national congress shall be convened within 90 days’ notice.”
“The purported congress was also not constituted in terms of Article 16.4 of the Nudo constitution, as it was not called or convened by any organ or body with the constitutional powers to do so. In light thereof, the defendants [breakaway group] have not been duly elected in accordance with the party constitution.”
Unfazed
On his part, Rukoro yesterday confirmed that he is aware of the legal actions instituted by the other group against them but insisted that they remain undeterred and will continue to fight for the interests of the party.
He added they will launch their defence next week with the High Court as they are prepared to fight to the very end.
“Yes, we shall definitely do so [launch defence] hopefully next week. Just watch as the movie unfolds,” Rukoro said in short.
In July, despite splashing close to N$1 million, of which N$300 000 was reportedly borrowed to fill the budget deficit, Nudo failed to pull off an elective congress. That failure now has a huge financial and credibility cost and further shattered the party’s unity.
The failed congress, for some members, has left what is being interpreted by certain quarters as a leadership vacuum.
(Nudo Court)
Caption: Fighting on… Nudo’s Utjiua Muinjangue-led leadership has taken legal action against members of a breakaway group for, among others, convening an illegal congress and unlawfully occupying party premises.
Photo: Nampa