Martin Endjala
Several Swapo members have written to Namibia’s Electoral Commission (ECN) via their lawyer, Nicky Ngula, instructing the commission not to allow the registration of endorsed party presidential candidate Netumbo Nandi-Ndaitwah.
They are Joshua Vaino Martins, Reinhold Nghihepavali Shipwikineni, Petrus Ndeshipanda Shituula, Erich Chrismann Shivute and Aina Kalimba Angula.
“Our instructions are to advise that the Electoral Commission of Namibia, in the circumstances, should not allow the registration of Netumbo Nandi-Ndaitwah as a presidential candidate for the National Presidential Elections for 2024 as a result of her non-compliance with Article 15 (9) of the Swapo Party Constitution,” said Ngula.
He explained that Article 15 (9) of the Swapo Party Constitution is invoked in the event that the President is unable to perform his or her duties permanently or to carry out his or her functions for whatever reason.
According to the party’s constitution, the Central Committee shall call an extraordinary Congress within three months of the vacancy occurring to elect a new president to complete the unexpired term of the former president, unless such a vacancy occurs within six months before the ordinary Congress.
He added that in such an event, the vice president shall exercise all of the president’s powers, duties, and functions pending the election of the president at the ordinary congress.
Hage Geingob was the party’s president at the time of his death in February.
The position has been vacant since then.
According to Ngula, the party was required to act in accordance with the aforementioned article.
The initial call by Shipwikineni and others was that an extraordinary Congress would take place on or before 4 May to elect a new president to complete the unexpired term of Geingob.
The party’s Central Committee announced on 9 March that the extraordinary congress (as envisioned in Article 15 (9)) will take place on 19 April 2025.
This is more than a year after the passing of the late president and about nine months beyond the three-month period contemplated in the aforementioned article.
“Our clients expected the CC of the Swapo party to recognise the non-compliance or conflict with Article 15 (9) and that the decision would be withdrawn,” he said.
Ngula said this did not happen as expected.
“The underlying purpose behind the article is that someone is appointed with an expedition to complete the unexpired term and for a replacement to be duly elected without delay. Consequently, calling for an extraordinary congress about 14 months later is directly contrary to the relevant aforementioned provision. The provision operates to protect the rights of members to vote for a new president to complete the unexpired term,” he said.
Ngula also argues that this is inconsistent with the relevant Rules and Procedures of the Swapo Party, specifically Rules 11, 22, 363, and 534.
“By imposing Vice President Netumbo Nandi-Ndaitwah as an unelected default president, it is contrary to the voting rights of its members,” he said.
Shipwikineni and others have a pending High Court case debating this issue.
Efforts to get in touch with the ECN spokesperson proved futile because his phone was not reachable.
