Politicians working in the public service will no longer be required to resign from their jobs once they have accepted nominations as candidates for the National Assembly election.
Minister of Urban and Rural Development Erastus Uutoni last Wednesday introduced an urgent amendment to the Electoral Act of 2014.
Section 77(4)(a) of the Electoral Act, read together with Article 46(1) and Article 47 of the Constitution is “subject to varying interpretations that may lead to the infringement of citizens’ constitutional right to take part in political activity…”
Uutoni said the section needs to be amended urgently to enable politicians who serve as public servants to take leave once they are nominated by their political parties to be members of the National Assembly, and for those who have reached the age of 55 to be allowed to resign or take early retirement.
The amendments will be effected on Section 77(4)(a) of the Electoral Act of 2014.
Currently, Article 47(1)(a) of the Electoral Act requires that public servants resign from their jobs once nominated for National Assembly elections.
Motivating his motion, Uutoni said a person participating in the National Assembly elections is not guaranteed that his or her political party will win or obtain seats.
“If such a person fails to obtain a National Assembly seat, then the person becomes unemployed, as he or she is unable to return to his or her employment that he or she resigned from for the purpose of participating in the National Assembly election,” said the minister.
He said with the amendments, public servant politicians will be able to return to their jobs once they have not secured a seat in Parliament. However, should one secure a seat, then such an individual will be required to resign from the date the National Assembly results are announced.
“The proposed amendment will enable the upholding of Constitutional rights and democracy, as well as the smooth administration of the electoral process and the public service,” said Uutoni.
Casualties
The problematic legal provision has its casualties, and has denied many others in the civil service an opportunity to vie for political office without risking their employment.
Six Popular Democratic Movement parliamentarians who were sworn in, in 2022 have been demanding backpay from the National Assembly, as they became duly-elected members of the House in 2019.
Their perks should be backdated to 20 March 2020, when the current parliamentarians officially commenced work, to their exclusion.
This is after the Supreme Court ruled in 2022 that six PDM members – Esmeralda Esme !Aebes, Johannes Martin, Kazeongere Tjeundo, Godfrey Kupuzo Mwilima, Timotheus Sydney Shihumbu and Pieter Mostert – were unlawfully added to the National Assembly list.
Following the ruling, they were replaced by Hidipo Hamata, Yvette Araes, youthful Maximalliant Katjimune, Reggie Diergaardt, Charmaine Tjirare and Mike Venaani, father of PDM leader McHenry Venaani.
This situation has had financial implications on PDM.
At the moment, the six ousted PDM MPs are currently on the party’s payroll, receiving their remuneration from funds derived mainly from Parliament, without having clear terms of references, New Era understands.
-mamakali@nepc.com.na