The Electoral Commission of Namibia’s (ECN) decision to deregister Namibia Economic Freedom Fighters (NEFF) as a political party was upheld by the Electoral Court yesterday.
NEFF’s deregistration as a political party stands, according to the Electoral Court’s ruling.
In June, ECN disbarred NEFF as a political party because of its alleged non-compliance with the provisions of the Electoral Act requiring the submission of financial statements at the end of each financial year.
NEFF took ECN to court, seeking a review of ECN’s decision.
However, three judges ruled in favour of the ECN, plunging NEFF into despair.
Deputy Judge President Hosea Angula, Judge Orben Sibeya and Beatrix de Jager dismissed the application, saying it is a matter for the High Court, and not the Electoral Court.
In the judgement, delivered by Judge Sibeya, the court stated “NEFF, in their application, sought a review relief. The review jurisdiction of this court is especially limited to electoral issues, which NEFF’s application is not. This court lacks jurisdiction to adjudicate on the review of the decision by the ECN to deregister the applicant as a political party.”
He added: “In view of the foregoing findings and conclusions, I hold the view that the applicant failed to establish that this court has the necessary jurisdiction to hear and adjudicate the interim interdictory application. It follows as a matter of consequence that this court does not have the necessary jurisdiction to grant the orders sought by the applicant. I further find that the lack of jurisdiction by this court to hear and adjudicate the present application does not by any measure shut the doors of the courtroom in the face of the applicant.”
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