An attempt to nullify the 2021 election of both the //Kharas Regional Council’s management committee and the //Kharas Region’s current National Council members was dismissed by the Windhoek High Court.
“The Magistrates Act does not empower or authorise the magistrate’s commission or the chief magistrate to review and set aside a decision of one of its magistrates in the manner undertaken,” said judge Essi Schimming-Chase.
Explaining the decision, Schimming- Chase said then Chief Magistrate Philanda Christiaan (currently High Court acting judge) and the Government Attorney irregularly interfered with magistrate Unchen Konjore’s independence as a presiding officer to coerce her to concede their interpretation of the Regional Councils Act.
According to Schimming-Chase, the Act strictly prohibits interference with judicial independence or the judicial functioning of a magistrate.
She further noted that Christian, as chief magistrate, the Electoral Commission of Namibia’s regional coordinator and the urban minister lack legal standing to bring forth a self-review application.
Thus, the court dismissed the application with cost.
Christiaan, ECN’s Augustinus Ucham and minister Erastus Uutoni wanted the court to review and set aside the elections of the management committee and National Council members of the //Kharas Regional Council, held on 2 December 2020.
They further sought an order directing the election processes to start afresh.
Christiaan claims that on 9 April 2021, she discovered there had been irregularities with the election of the region’s leadership.
She argued that in terms of the law, management committee members should be elected before the management committee can discuss other businesses.
According to her, magistrate Konjore, who presided over the elections, should have indicated that no other business could take place in the absence of a fully constituted management committee.
In addition, the said meeting at which Gerrit Witbooi and Anseline Beukes were elected as members of the management committee was not attended by three Swapo councillors.
Christiaan further argued that the “Regional Councils’ Act prohibits a management committee member from also serving in the National Council”.
In light of this, Christiaan maintained, the elections of the National Council members amount to a nullity.
Isaacks, alongside Landless People’s Movement and council members Witbooi and Goeieman, are opposing the application.
They argue that the matter at hand is more political than legal.
According to their lawyer Gerson Narib, the matter needs to be sorted out in the board rooms of the //Kharas Regional Council and by the respective political parties who have seats on the council.
“There is nothing in the Act, prohibiting a regional council, after the magistrate presiding over the election has left, to conduct any other business of the regional council. In fact, since the magistrate is not a member of the regional council, it makes sense that he or she should not preside over debates or other business of the council,” Narib contended.
He further maintained there is no legal basis to nullify the elections when council members were lawfully elected.
He added that neither Christiaan nor the Magistrates Commission has a legal position to bring forth the review application.
- mamakali@nepc.com.na
Caption (//Kharas): In the clear… The