Lahja Nashuuta
The South West Africa National Union (Swanu) secretary general Ngaijake Sam Tjikuzu has requested the Electoral Commission of Namibia (ECN) to reject a parliamentary list submitted by party member Issaskar Tjihoreko.
The Swanu faction, under the leadership of Evilastus Kaaronda, submitted its final list to the electoral commission last week.
This list prominently features National Unity Democratic Organisation (Nudo) members in significant positions, with Barry Rukoro occupying the second spot, and Kaaronda at the top.
Other individuals included are Tjihereko, Kapukatua Kuvare, Zebald Kavee Rijatua and Juda Hangero, all believed to be affiliated with Nudo.
In his correspondence, Tjikuzu contended that the recruitment of members from one party to another to fulfil the parliamentary list of a single party constitutes a violation of Article 77 of the Electoral Act, as well as principles of international law concerning prior informed consent.
He warned the ECN that endorsing this allegedly fraudulent parliamentary list while disregarding the legitimate objections raised by bona fide Swanu members would not only perpetuate injustice but also infringe upon Articles 143 and 144 of the Namibian Constitution.
He emphasised that such actions would reflect gross negligence in adhering to the provisions outlined in the African Union Charter on Democracy, Elections and Governance, established on 30 September 2007.
He contends that the alleged submission of the Swanu parliamentary list, executed by Tjihoreko in accordance with section 77(1) of the Electoral Act (Act 5 of 2014), should be disregarded due to its failure to meet the requirements of both the Principle of Procedural Law and the legal question of authority.
“Despite the purported parliamentary list not meeting bare minimum requirements in terms of explicit unambiguous legal provisions of the basic document, the Swanu constitution, it directly violates Article 17(1) of the Namibian Constitution, as it is a product of an unreasonably illogical, authoritarian and undemocratic process championed by individuals with no authority in having cause to submit such to your office,” the letter reads.
The letter states that “Owing to full implementation of a 17th June 2024 High Court Order, submissions made to the ECN relating to the political affairs of Swanu must be in full compliance with the settlement agreement, an agreement that was made an order of the court.”
Tjikuzu was alluding to the settlement agreement that was ratified by the court, which stipulated that Kaaronda and Katjivirue were to convene before 19 June 2024 to finalise arrangements for an extraordinary central committee meeting.
However, this meeting did not take place, as both factions proceeded to conduct separate electoral congresses, elect presidential candidates and formulate parliamentary lists.
He contended that the alleged parliamentary list not only intentionally obstructs the administration of justice but also egregiously infringes upon the fundamental rights of Swanu members, as it encroaches upon their democratic rights as guaranteed by Article 21(1)(e) of the Namibian Constitution.
“Additionally, if Article 18 of the Namibian Constitution must be heavily relied on, it is prudent to note that section 77 of the Electoral Act (Act. 5 of 2014) must be fully adhered to and ascertained by the very purported Parliamentary List. Unfortunately, the purported Parliamentary list, despite being fraudulently compiled, has voters who are in direct violation of section 77(4)(a) and (c) of the Electoral Act (Act. 5 of 2014),” Tjikuzu argues. ECN corporate communications manager De Wet Siluka was unavailable for comment. However, the ECN stamp on Swanu’s objection letter, which was seen by New Era, indicates that the letter was received on 17 October 2024.
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