The Namibian Economic Freedom Fighters (NEFF) turned to the Windhoek High Court to fight against their deregistration as a political party by the Electoral Commission of Namibia (ECN). 

This is after their first attempt was shot down by the Electoral Court of Namibia, which declined to hear the matter because of a lack of jurisdiction. 

At the time, the Electoral Court said they can only deal with election matters after an election had taken place, and that the matter at hand is administrative.

NEFF, through their lawyer Kadhila Amoomo, then approached the High Court urgently to hear the matter.

 They are asking the court to declare the decision of ECN on 17 June 2024 to deregister the party as unlawful for non-compliance with Article 18 of the Constitution and Section 152(F) of the Electoral Act.

They further asked the court to review and set aside the decision to deregister NEFF, and further set aside all further steps taken by ECN and the Speaker of the National Assembly, pursuant to such an unlawful decision. 

They also asked for costs on the scale of attorney and own client.

ECN, through their lawyers Lovisa Ihalwa and Mbushandje Ntinda from the Sisa Namandje stable, objected to the application, saying the notice of motion contained several factual and material errors, which made the application defective. 

They further asked the court to strike the application for lack of urgency. 

They argued that the urgency claimed by the applicants is self-created, as the applicants knew as far back as 2021 that they must comply with the Electoral Act or face deregistration. 

They also contended that the person who brought the application has no locus standi, as he is not authorised by NEFF to bring forth the application. 

ECN said they have the inherent powers to act according to the relevant Act. 

They argued that the decision to deregister was correct, given the fact that NEFF was informed on several occasions to comply with the Act or face the consequences. 

They stated that on 25 April 2024, NEFF was unequivocally informed that upon its failure to submit the outstanding documents within 14 days, the ECN would invoke the provisions of the Act that empower them to deregister. 

ECN said the party had ample time to comply with the provisions of the act, but deliberately failed to do so. 

“We respectfully submit that the applicant only has itself to blame for firstly not complying with explicit and peremptory provisions of the Electoral Act, despite having been given several opportunities,” ECN argued.

They asked the court to strike the matter with costs.

In reply, Amoomo contended that ECN flouted its own deadline of 30 June by summarily switching off the lights of NEFF without warning. 

He further said the excuses of ECN on why the matter should be dismissed without being heard are flimsy and weak at best. 

The lawyer noted that the matter has serious ramifications for the young democracy, and huge public interest. 

Judge Thomas Masuku reserved his judgment to 5 September.

-rrouth@nepc.com.na