Customize Consent Preferences

We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below.

The cookies that are categorized as "Necessary" are stored on your browser as they are essential for enabling the basic functionalities of the site. ... 

Always Active

Necessary cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data.

No cookies to display.

Functional cookies help perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features.

No cookies to display.

Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc.

No cookies to display.

Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.

No cookies to display.

Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns.

No cookies to display.

Ignorance of the law is no excuse

Home Editorial Ignorance of the law is no excuse

It has been a whirlwind couple of days. Some commentators have thrown around the word constitutional crisis as the misinterpretation of a section of the Electoral Act by political parties took centre stage. Everyone seems to have been caught off guard by the law that requires employees in the public service as well as public-office bearers to resign before taking running for office. 

The Electoral Commission of Namibia (ECN) stuck to its guns in strictly applying Article 47 of the Namibian Constitution that compels aspiring parliamentarians and those employed in the public service to first resign from their positions before running for office. According to the ECN, party members employed in the public service, as well as the National Council, regional and local authorities, must first resign upon their nomination as candidates for political office.  

The ECN cited section 77 (4) of the Electoral Act, 5 of 2014 that states: “A person may only be nominated as a candidate on a list of candidates if the person – (a) qualifies to be elected as a member of the National Assembly by virtue of Article 46 (1) (a) of the Namibian Constitution.”

While the state of confusion can be understood, the talks of some simply saying they will ignore the requirements is indeed worrisome.  Ignorance of the law is not an excuse and it is unfortunate that some politicians from both the ruling Swapo and opposition unashamedly defending what was wrong. 

As we pen this editorial, at least 16 Swapo MP hopefuls have succumbed to pressure and resigned from their respective positions in the public service as well as public-office bearers. Among those who resigned are National Council chairperson Margareth Mensah-Williams, who is guaranteed a seat in the National Assembly next March, owing to her favourable position 24 on the Swapo MP list. 

Verna Sinimbo of Rundu, Hafeni Ndemula from Walvis Bay as well as the likes of Modestus Amutse, Werner Iita, Katrina Shimbulu and Mandela Kapere have also quit their jobs to contest for National Assembly seats on the party ticket. 

This is indeed a welcoming development and those who complied with the Electoral Act as difficult as it may have been, should be commended for demonstrating outstanding principles, including putting the party first.
In conclusion, we hope the events of the last two weeks or so will serve as a serious eye opener and that lawmakers will continue to abide by the law without fear or favour.