Iuze Mukube
The Independent Patriots for Change (IPC) has lost the seat that a returning officer wrongly allocated at the just ended Regional and Local Authorities elections.
Yesterday, the Electoral Court of Namibia set aside the erroneous allocation of one seat to IPC in Rundu, resulting in Rundu Urban Community’s Association (RUCA), which had the next highest quota of votes, 674, getting the seat. The Electoral Commission of Namibia (ECN) filed an urgent application seeking an order setting aside the seat allocation to IPC.
Additionally, they sought the remaining six seats, as declared by the returning officer, which were allocated to the Swapo Party (four seats), the Rundu Concerned Citizens Association (one seat), and Affirmative Repositioning (one seat), to remain the same.
“The matter arises from the fact that the returning officer, after determining and declaring the number of seats to the different candidates in the elections, made an issue called a “mathematical formula gone wrong,” said Jabulani Ncube, ECN lawyer.
The Rundu local authority council consists of seven seats, and ECN had established that an erroneous allocation of a seat was made to IPC instead of RUCA, he said. Ncube argued that the number of votes recorded for each party and the quota were correct, but the seat allocation was incorrect. The total number of votes counted for the local authority was 12 560, and the quota recorded was 1 794 for a seat, with each quota totalling one seat. Out of the total, Swapo obtained 7 146 votes, translated to four seats, the next was the Rundu Concerned Citizens Association (RCCA), with the second highest votes of 1 337, translating to one seat. The next quota was allocated to AR with 755 votes, translating to one seat. The final seat had to be allocated to RUCA, which had the next-highest quota of 674 votes; however, it was erroneously allocated to IPC, which had 642 votes. Ncube shared that IPC incorrectly received the seat because it did not have the highest surplus; the next-highest surplus belonged to the RUCA. He argued that the error infringed on the constitutional rights of voters, as they have a right to choose a representative of their choice.
The lawyer stated that the applicant sought an order to “ensure that the process is reasonable and fair and that the rightful association is allocated the seat that they are entitled to in accordance with the Local Authority Act and Schedule 4 of the Namibian Constitution.”
“The error has the effect of depriving the voters of their right to choose political leaders to represent them and shape policies that affect their lives,” he said.
He added that the error has the potential to create a lacuna (gap) in leadership in the affected area.
He pointed out that in the affected local authority; the councillors have not yet taken their oaths of office pending the finalisation of the application.
The application was not opposed by any party.
Deputy Judge President Hannelie Prinsloo and judges Thomas Masuku and Lotta Ambunda yesterday made an order declaring the declaration and allocation of a seat to IPC as null and void.
They further reviewed and set aside the allocation of one seat to the IPC and ordered that the seat should be allocated to RUCA instead.
–mukubeiuze@gmail.com