The Independent Patriots for Change (IPC) and Panduleni Itula have recently adopted an interpretation of dual presidential and National Assembly candidacy that is both legally (and politically) flawed, and cannot be sustained.

They argue that a candidate who has been nominated for the presidency cannot simultaneously run for the National Assembly as well. They base this argument on various fronts, the key being the separation of powers’ doctrine that is enshrined in our constitution. We submit that the interpretation of the IPC in respect of this question is legally-flawed.

Firstly, it is imperative to highlight that there is no crisis of separation of powers that arises in the pre-election phase due to a person contesting as both a candidate for the Presidential and National Assembly Elections.

Such a crisis can only arise if elected; such a person occupies both seats, which is an impossibility for reasons I will set out below.

In fact, there is a perfectly-legitimate purpose why dual candidacy is allowed, key among them being that the nation may suffer prejudice in terms of good representation in parliament from candidates who do not win the presidential election.

Secondly, the spirit of the Namibian Constitution already separates the organs of State in terms of Article 1 (3) of the Constitution. The Constitution further goes on to state that the Head of the Executive is the President in terms of Article 27
(2). 

This is why the Constitution provides that once appointed, the Vice President shall resign as a Member of the National Assembly, pursuant to Article 28 (2A) (C) of the Constitution.

The law on legal interpretation requires that one must read the law in whole, and the Constitution is no different. Therefore, one ought to read the provisions of the Constitution as a whole, not in part, and what it seeks to achieve, beginning from preamble. Once again, Article 1 (3) is imperative here. It already separates the organs of state. That is why Article 28 (2A) (C) states that the Vice President must resign once appointed. It was never the intention of the lawmaker for the Vice President to resign as a Member of the National Assembly, and for the President to remain in the National Assembly.

It, therefore, follows that one cannot occupy both the Presidency and a National Assembly seat once elected as President of the Republic of Namibia by operation of the law. The IPC’s argument cannot therefore simply be sustained, and should be dismissed for the clear loopholes it possesses.

*Maximalliant Katjimune is the
deputy chief whip of the PDM in the National Assembly. He holds a BA in Politics and Sociology, and is pursuing a Bachelor of Laws at the University of Namibia.