An application in which an alleged rival faction in Swanu wanted to derail a case brought against them by the current leadership failed in the High Court yesterday.
Judge Thomas Masuku dismissed with cost the special plea of Charles Katjivirue who was elected as party president at a disputed national congress on 21 August 2021.
Katjivirue is supported by fellow party members Alpha Kangueehi, Kairanderua Katjari, Katuu Tjingaete, Sam Tjikuzu, Patricia Tjaronda, former president Rihupisa Kandando and Apolonia Kangueehi.
In their special plea, the group claims that those (the current leadership) who instituted a court case against them lack locus standi and authority to lodge the matter and in addition to that, the party did not exhaust local remedies provided in its constitution.
In the party’s application, it claims Katjivirue and his faction convened a national congress and elected themselves as leaders of the party, contravening Swanu’s constitution. They also threatened to take over the party’s offices and leadership.
However, the court indicated that Katjivirue et al failed to provide proof of their claims.
“Where the issue of lack of authority to institute proceedings is raised, admissible evidence must be properly placed before the court to enable it to determine whether or not the proceedings were properly authorised,” said Masuku.
Swanu’s current leadership, with the assistance of lawyer Edwin Coetzee, approached the court seeking an order to stop
Katjivirue and his counterparts from their “unlawful conduct” of utilising the party’s letterhead, emblems and colours – in their misinformation campaigns against the party.
They should also be restrained from holding themselves as elected office bearers of Swanu and may not evict the party from its offices situated on Rama Street, Katutura, Windhoek.
-mamakali@nepc.com.na