2017-11-07Staff Report 2 Roland Routh Windhoek-The current president of the Rally for Democracy and Progress (RDP), Jeremiah Nambinga, is holding onto his position by his fingertips after Windhoek High Court Judge Shafimana Uitele granted him an interdict against 18 members of his national executive committee (NEC) to bar them from ousting him as president. The judge issued a special court order (rule nisi) ordering the NEC to show cause on December 8 why the decision taken on August 12, whereby they adopted a vote of no confidence in Nambinga, should not be declared null and void. The NEC consists of Steve Bezuidenhout, Mike Kavekotora, Agnes Limbo, Kandy Nehova, Peter Naholo, Dr Olga Kamoruao, Asser Hidipohamba Sheuyhange, Penda Guava Nangolo, Nicanor Ndjoze, Miriam Hamutenya, Corrine Poulton, Sacky Amenya, Brunhilde Corenelius, Eino Heelu, Kennedy Shekupakela, Nginingilwandumbo Kashume, Nicklaas Dawson and Ekonia Kamati. All of the respondents cited in the matter opposed the application by Nambinga. The judge further restrained the respondents from convening a meeting of the Central Committee of the RDP, which was slated for the past weekend. They must also show cause why they should not be ordered to pay the cost of the application to include one instructing and one instructed counsel. Nambinga was represented by Advocate Gerson Narib on instructions of Loini Shikale and the respondents by Advocate Albert Strydom on instructions of Theunissen, Louw and Partners. Nambinga lodged an urgent application on Thursday last week to stop the CC meeting to discuss the vote of no-confidence against him and his possible removal from the position. During a meeting of the NEC in August this year, the NEC discussed a number of issues including the bad showing at the last elections and a vote of no-confidence in Nambinga’s prowess to lead them out of the wilderness. Nambinga walked out of the meeting and the NEC proceeded to adopt the vote of no-confidence. Upon learning that a CC meeting is scheduled to discuss his imminent departure from the position as president of the party, Nambinga contacted his lawyers and instructed them to launch the urgent application. According to Nambinga, the decision to oust him was not taken within the scope of the RDP constitution. He holds that the NEC did not have the power to declare a vote of no-confidence in the president of the RDP and further that there is no provision for a vote of no-confidence in the constitution of the RDP. He further argues that the constitution of the RDP provides for a Discipline and Audit Commission to institute processes with regard to disciplinary measures against RDP members of the CC, RDP Members of Parliament and all other RDP members. Narib further argued on behalf of Nambinga that the NEC does not have any power regarding adjudication, or investigative function and that before any disciplinary steps are taken, there must be a thorough investigation by the Discipline and Audit Commission. According to Narib, in terms of the constitution of the RDP, the NEC only has the power to refer all issues pertaining to serious misconduct to the Discipline and Audit Commission. Strydom, on behalf of the respondents argued that Nambinga did not provide a factual and legal basis for his application and that it was misconceived. According to him, Nambinga first had to exhaust the domestic remedies provided for in the constitution of the RDP if he felt aggrieved by a decision taken by the executive organs of the party before he approached the courts of law. He said Nambinga was seeking to prevent continuous discussion and lawful decision-making by members of the RDP by bringing his application. 2017-11-07Staff Report 2
