Andrew Kathindi
The Electoral Commission of Namibia (ECN) maintains it did not make a mistake regarding the amendment of the Popular Democratic Movement (PDM) parliamentary list, seemingly hinting at its intention to appeal the High Court ruling.
On Monday the High Court ruled in favour of PDM members Charmaine Tjirare and Hidipo Hamata in their case in which they challenged their removal from their party’s parliamentary list which was gazetted just before last year’s general election.
The ruling requires that PDM members Charmaine Tjirare, Reggie Diergaardt, Frans Bertolini, Yvette Araes, Mike Venaani and Tjekupe Maximilliant Katjimune be sworn in as the legitimate members of parliament.
The ECN was further directed to publish a public gazette that the 6 are the elected members of the National Assembly.
Quizzed on when the ECN intend publish the gazette, ECN Chief Electoral Officer, Theo Mujoro told Windhoek Observer, “I don’t believe we made a mistake. We acted within the law. Let us wait for the Supreme Court. We have until the 11th August to file a Notice of Appeal in the Supreme Court. Until then we are under no obligation to comply with judgement.”
Mujoro also noted that the judgement also has important implications on the role and function of the ECN in relation to sections of the Namibian Constitution.
“The ECN has noted with concern that the recent High Court judgement in the matter concerning PDM Members of Parliament has given adverse findings against the ECN. The ECN is currently in consultation with the government Attorney to discuss the specifics of the judgment and to weigh options,” the ECN director said, adding that the Commission will meet on Thursday, 23 July 2020 to make a decision on the way forward regarding this matter.
Lawyer Norman Tjombe who represented Tjirare and Hamata, said the ECN would be within their right to appeal the ruling, however the prospects of success do not look good and that Esmeralda !Aebes, Johannes Martin, Kazeongere Tjeundo, Geoffrey Mwilima, Timotheus Shihumbu and Pieter Mostert, who had been serving in parliament this year were henceforth not recognized.
“The ECN and any other affected party have the right to appeal to the Supreme Court. It should also be noted that the six persons that were unlawfully sworn in, are no longer members of the National Assembly since 13 July 2020, whether the ECN appeals or not.”
Tjombe further argued that, “While any affected party has the right to appeal, ECN should carefully consider the judgment by three imminent judges, as the reasoning of the Electoral Court in the interpretation of the relevant constitutional and statutory provisions was indeed solid and will not easily be overturned by the Supreme Court. Prospects of success on appeal are not looking good.”
PDM leader, McHenry Venaani has argued that the judgement was made with political motivations.
“It is very unfortunate that this decision is political just to try to demystify the current Fishrot saga that is deepening in the country,” Venaani said.
