Windhoek High Court Judge Thomas Masuku yesterday reversed the decision of the Electoral Commission of Namibia (ECN) to deregister the Namibia Economic Freedom Fighters as a political party.

Reacting to the judgement, the NEFF’s deputy leader Kalimbo Ipumbu described it
as a landmark ruling, which confirms Namibia’s juristic independence. 

He thanked Judge Masuku for delivering a fearless judgment, and acknowledged the work done by his party’s legal team, 

spearheaded by Kadhila Amoomo. The NEFF took the ECN to court on an urgent basis after the commission deregistered it for failing to adhere to the Electoral Act by not submitting audited financial statements and disclosing its assets and liabilities on time.  The party argued that they were not granted an opportunity to be heard before the proverbial sword landed on its neck. 

For their part, the ECN argued that it had accommodated the NEFF long enough, and was entitled to act the way it acted in accordance with the law. 

Judge Masuku said what needed to be determined by the court was whether the ECN acted within its rights and powers when it decided to deregister the NEFF. 

On the other hand, NEFF, through Amoomo, argued that the ECN did not follow the correct procedures when it made its decision. The ECN argued through their legal representatives Sisa Namandje Inc that they acted strictly within the confines of the law, and asked that the political party’s application be dismissed with costs. 

The ECN further argued that the doors of the court should be shut in the NEFF’s face because it failed to meet the requirements of the law.  The ECN reasoned that it has the inherent powers to act according to the relevant Act, and that the decision to deregister the NEFF was correct, given the fact that the political party was informed on several occasions to comply with the law or face the consequences, but failed to do so. 

As a matter of fact, the ECN stated that on 25 April 2024, the 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 which empowers the commission to deregister the party. 

The ECN submitted that the NEFF had ample time to comply with the provisions of the law, but deliberately failed to do so. 

The judge remarked that it is clear from the correspondence between the NEFF and the ECN that a deadline was set for the party to comply with the directives of the Commission.  

The deadline was set as 30 June 2024 for the party to submit audited statements and newspaper publications by that date. But with this deadline in place, the ECN proceeded to deregister and notify the applicant of this decision on 17 June 2024, without giving the party a chance to be heard. 

In fact, the judge said, the deregistration was done before the deadline given to the applicant in writing.

Judge Masuku said he agreed with the NEFF that the letter dated 24 April 2024 setting the deadline created a reasonable and legitimate expectation that the ECN would not adopt retributive measures against the NEFF for non-compliance until the deadline had been reached, and in the event that the NEFF failed to comply with the directive.

He said the doctrine of legal expectation, which is an integral part of administrative law in Namibia, applies and required the ECN to act fairly, which it failed or neglected to do. In the premises, the judge stated, the decision of the ECN to deregister the NEFF as a political party was unreasonable and irrational, and is thus fit to be set aside.  

Yesterday, the ECN said it was studying the reasons contained in the 51-page judgement and will, in due course, pronounce its position on the High Court’s ruling.   -rrouth@nepc.com.na