The Electoral Commission of Namibia said for the institution to hold political parties accountable, the Electoral Act needs to be amended to give it the requisite powers.

In an interview with New Era, ECN chief electoral and referenda officer Petrus Shaama confirmed that the Act in its current form does not enable the commission to get political parties to account for the donations they receive.

“To ensure compliance with funding regulations, the ECN may need enhanced investigative power, stricter enforcement mechanisms, and the authority to impose penalties on non-compliant parties and individuals,” Shaama said. He revealed, currently, such powers are not vested with the commission. 

“On the contrary, we also need to be clear if it is in the interest of the commission to have those powers when it is not responsible for funding political parties,” he maintained. 

Shaama indicated that the commission’s power to deal with political parties that do not want to comply with the Act in terms of funding is among some of the recommendations presented in the Electoral Amendment Bill under review.

The commission is currently holding public consultations and engaging the Cabinet committee on legislation on the necessary amendments.

The Electoral Act mandates all registered political parties to declare their assets and liabilities as well as disclosure of foreign and domestic financing to the commission, party members, and the broader public. 

However, Shaama said although the commission demonstrated greater zeal in the enforcement of the Act, specifically around holding political parties accountable for non-compliance with legal provisions concerning political financing, there are still some political parties that refuse to comply.

Non-compliant parties 

Just recently, the Independent Patriots for Change (IPC) bought over a hundred vehicles estimated to cost over N$50 million. IPC did not disclose where the money came from, apart from saying the fleet was bought with funds donated by party members, sympathisers and followers.

Swapo was also accused of benefiting from the Fishrot corruption scandal, allegations that the party repeatedly denied.  

Official opposition, the Popular Democratic Movement, was accused of diverting their taxpayer funds to pay off loans from some party leaders and even pay party leader Venaani a second salary while six expelled parliamentarians have also been added to the party’s payroll, without clear terms of reference.

Section 157 of the Electoral Act prohibits funds allocated to a political party from being used directly or indirectly to pay any remuneration, fee, reward, perquisite, or other benefit to any person representing the political party in Parliament, any regional council or local authority council who holds any other office of profit at any institution.

Furthermore, Article 140 of the Electoral Act instructs political parties to submit records and audited financial reports to the commission by the end of each financial year. In terms of declarations of assets and liabilities, political parties are expected to conform to Article 139 of the Electoral Act.

In support of the Electoral Act provision, Natjirikasorua Tjirera, lawyer and political commentator said, “Section 158 of the Electoral Act is unambiguous in its wording that political parties must account for the money they receive. Political parties do not have a choice but to oblige. The money that political parties receive is taxpayers’ money and they should be accounted for. If parliamentary political parties are not happy with the provisions of the Act, they should seek to have it amended. 

“They would not want to have the Act amended because the nation will realise that they are refusing to account. Their funny solution is then to defy a law that they passed, a law that their members of Parliament swore to uphold and protect. Political parties should account for the money, there’s simply no two ways about it,” he said. 

He further stated that Section 158 (8) of the Act is unequivocal in its directive that if parties are in contravention of the provisions of the Act, the ECN may order for the suspension of the allocation of funds to the parties. 

“The ECN has a tool to use to force compliance. A tool they failed dismally over the years to use because of their toothlessness. I can only hope that the two new commissioners, one of which is a trained lawyer, will help the ECN fulfil its obligations,” he maintained.

Political analyst Wade Henckert also emphasised that political parties must comply with such regulations for transparency and accountability. 

By declaring their assets, liabilities, and sources of funding, parties ensure fairness, prevent corruption, and maintain public trust in the democratic process. It also helps prevent undue influence from special interests and foreign entities, promoting the integrity of elections, he said.

“Transparency in political financing is the cornerstone of a healthy democracy. When parties fail to disclose their financial backers, it raises serious questions about accountability and integrity. Without proper oversight, there is a risk of undue influence from special interests, both domestic and foreign, which can compromise the democratic process,” Henckert said.

He further said by withholding information on funding and donations, political parties erode public trust. Citizens have a right to know who is funding the parties seeking their votes, as it directly impacts the policies and decisions that affect their lives. Without transparency, voters are left in the dark, unable to make informed decisions about which parties best represent their interests.

“Non-compliance with the Electoral Act not only undermines the democratic principles upon which Namibia’s governance is built but also opens the door to potential corruption and manipulation. Therefore, it is imperative for political parties to fully comply with the law, not only to uphold democratic values but also to ensure the credibility and legitimacy of the electoral process,” Henckert said.

Roadmap to elections

The ECN has promised to deliver creditable, independent, transparent free, and fair Presidential and National Assembly elections slated for November.   

Shaama said ECN will employ various strategies, such as training of electoral staff, stakeholders’ engagement, and implementation of the efficient electoral dispute resolution mechanism to uphold the integrity of the electoral processes to prevail.

“Given the year of elections, the focus is on modernising the electoral process and addressing emerging challenges in the political space especially in terms of meeting the demand of the voters and making provision for technology used in the electoral process,” Shaama said.

As part of the election preparatory processes, the ECN has a civic and voter education programmes, planning and logistics, and deployment of electoral technologies to enhance the credibility of its electoral processes for the upcoming presidential elections.

“The ECN initiative to carry out the general election voter registration this year, is to ensure that all eligible citizens have the freedom to participate without any form of coercion or undue pressure. Furthermore, the ECN’s ongoing dialogue with the political parties through platforms like the political parties’ liaison committee help to provide equitable access and information to all participants thereby foreseeing a balanced electoral environment,” he said.

He further said ECN will also monitor the election campaigns practices to prevent fraud and address any irregularities, thereby ensuring that the election met both national and international best practices for democratic election.

 -lnashuuta@gmail.com

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