The Namibia Economic Freedom Fighters and the Christian Democratic Voice parties have both threatened to drag the Electoral Commission of Namibia to court over its “unjust and unprecedented” decision to deregister the parties as political entities due to non-compliance.
The ECN wrote to National Assembly Speaker Peter Katjavivi, notifying him of the deregistration of the two parties, and advised that Katjavivi remove the parties’ representatives from the National Assembly.
The NEFF had two seats in the National Assembly, while the CDV had one seat.
The electoral body’s decision to deregister NEFF and CDV as political establishments stems from the two parties’ non-compliance with the provisions of the ECN’s Electoral Act No. 5 of 2014, particularly sections 139, 140, 141 and 158 of the Act.
Under sections 139, 140, 141 and 158 of the Electoral Act, all political parties are mandated to declare their assets and liabilities, keep records and audit their accounts, disclose foreign and domestic donors, account for funds received from taxpayers and also publish an abridged version of the accounts in at least two daily newspapers circulating throughout Namibia within seven days of submission to the ECN.
But both the NEFF and CDV have maintained their innocence, saying the ECN’s decision to deregister them appears to have been made in a rush and without consulting, as they have until 30 June to submit and publish their audited financial records, as stipulated in the Electoral Act.
The ECN, on the other hand, insists that their frustration with the two parties is nothing new, as the NEFF also failed to submit its 2022/23 audited financial statements and failed to publish its 2020/21 and 2021/22 audited records in two daily newspapers circulating throughout Namibia – which it claims were clear transgressions of the Act.
ECN spokesperson De Wet Siluka yesterday maintained that the decision to deregister the two parties will stand, and further clarity around the issue will be “provided at a later stage”.
Irrational
Yesterday, the NEFF, through its lawyer Kadhila Amoomo, wrote to ECN’s chief electoral and referenda officer Peter Shaama to demand that the commission provide it with an undertaking where it will retract and set aside its decision to deregister the party.
“It is our instructions to bring to your attention that your decision is flawed on the basis of being irrational and unreasonable, seeing that it does not comply with the provisions of the Electoral Act 5 of 2014, in particular, section 140(4), which reads that: “(4) A registered political party must – (a) lodge with the commission a copy of the audited accounts referred to in subsection (3) within six months from the end of its financial year; and (b) publish or cause an abridged version of the accounts to be published in at least two daily newspapers circulating throughout Namibia…”
“In particular, section 140(6) reads that: ‘(6) If a registered political party does not lodge its audited accounts with the commission and publish or cause to publish the abridged version thereof under subsection (4), the commission may – (a) cause the accounts concerned to be audited by an auditor appointed by the commission; (b) require the political party to lodge with the commission the audited accounts on a date and a time specified by the commission, and (c) publish or cause to be published the abridged version of the accounts in at least two daily newspapers circulating throughout Namibia,” argued Amoomo.
On that basis, he maintained that the ECN has no powers or legal grounds to deregister a political party, unless and until it has exercised its powers in accordance with section 140(6).
To deregister a political party prior to exercising these powers, Amoomo further buttressed, is not only premature, but is unreasonable, unfair and irrational of want of compliance with the Act.
The lawyer highlighted that the commission has a duty to provide an opportunity to be heard to political parties in terms of section 152(f), which states that: “The Commission may cancel the registration of the political party or organisation, after having given the political party, organisation or authorised representative an opportunity to be heard in the cases of paragraphs (b), (c), (d), (e) and (f) of the Act.”
“It is our instructions that the Electoral Commission of Namibia has not given an opportunity to be heard to our client in terms of section 152(f). The decision, therefore stands to be set aside on this ground as well. We, therefore, submit to your honourable office that your decision to deregister our client is unlawful on the basis that it is premature as the commission has not yet exercised the powers contemplated in terms of section 140(6), and it is unfair,” added Amoomo, who gave the ECN until tomorrow, 27 June, to set aside its decision.
Witch-hunt
Meanwhile, the leader of the CDV Gotthardt Kandume was yesterday equally hot under the collar, labelling the ECN’s decision to deregister his party as a deliberate “witch-hunt” aimed at weakening his party‘s resolve to “emancipate the oppressed people of Namibia.”
“Of course, we will challenge that decision, and as we are speaking now, I’m busy talking to our lawyers, and soon the ECN will hear from us. They [ECN] are clearly sidestepping their own Act in order to please some people out there, but they will get a good fight if they want a fight. The ECN knows that we have until 30 June to submit and publish our audited financials, so what is their decision based on? This is a pure witch-hunt against us, but they will not succeed as we will challenge them in all the courts of this country,” fumed Kandume.
He added: “The ECN cannot be allowed to behave like it is the Alpha and Omega. We have laws in this country, and if that is the way the ECN is going to conduct itself, then we will also be forced to fight it with everything we have. Their decision has caused serious reputational damage to our party brand, and has also left a huge dent in the confidence of our supporters. How can you make such an ill-timed decision in an important election year? You can see it is a deliberate witch-hunt against our party.”
Registration
While NEFF and CDV were battling their deregistration woes, the Affirmative Reposition (AR) movement’s application to become a full-blown political party was approved by ECN in terms of section 136(8) of the Electoral Act.
-ohembapu@nepc.com.na