Martin Endjala and Ester Mbathera
A political science graduate believes that the decision to deregister the Namibia Economic Freedom Fighters (NEFF) and two other political parties should have included input from the voters who elected them.
Lucia Sibanga, who is currently pursuing a master’s degree in political science at Unam, said Section 136(1) of the Electoral Act stipulates that an application for registration as a political party requires at least 3,500 signatures from across Namibia.
These signatures represent the voters who participated in the party’s registration, whom she says deserve a say in its fate.
“Excluding these voters from the deregistration process of a party they democratically elected into the National Assembly is seen as unjust,” she said.
Last week, the Electoral Act of 2014 deregistered the parties for their failure to submit financial reports by the deadline of May 10, 2024.
According to Sibanga, the Electoral Act serves as a guide for legislative action, outlining fair and consistent procedures.
“In this case, it provided measures to address non-compliance without resorting to deregistration, suggesting a more measured approach could have been taken. In a democracy like Namibia, where the people decide who governs, it seems only fitting that the same voters who voted NEFF into the National Assembly should have a say in determining the party’s future,” she said.
Sibanga added that the exclusion of voter input in the deregistration process raises concerns about fairness and the proper application of democratic principles.
“While NEFF may have failed to comply with the Electoral Act, the decision to deregister should have involved the voters who originally supported the party. Democratic processes and corrective measures should be employed to ensure fair and just outcomes in political governance,” she said.
The Electoral Commission of Namibia (ECN) has defended its decision to deregister these parties, stating that despite granting an extension upon NEFF’s request, the parties still failed to submit the required financial reports.
The ECN argued that deregistration was necessary after repeated reminders and warnings went unheeded.
However, the lawyer representing NEFF, Kadhila Amoomo, contends that the deregistration was unfair.
He points out that the Electoral Act provides for corrective measures under Section 140, which allows the commission to appoint an auditor to complete the financial reports at the party’s expense.
Instead, the ECN opted for immediate deregistration without employing these corrective measures.
Both ECN and the National Assembly seem to be clueless as to what will happen to the vacated seats in parliament by NEFF, as questions sent to them could not be answered.
According to ECN spokesperson De Wet Siluka, the matter is unique, and the commission will take its time addressing it.
An official in the office of the National Assembly speaker declined to comment and instead referred the matter to the ECN.
“We also do not know what will happen, ECN will have to engage the Attorney General and then let us know of the way forward,” stated an official at the Office of the Speaker of the National Assembly.
The question now remains: what will happen to the seats occupied by the NEFF in the National Assembly?
Given that this is Namibia’s first deregistration of a political party in parliament, political scientist Erika Thomas said it is a challenging question to answer.
“I do not know what will actually happen, but I am assuming that after a party is deregistered, it is common sense that that seat will remain open until elections are conducted for other political parties to come in,” she said.
She suggests that perhaps ECN needs to go and inquire about the matter in other African countries, where a similar scenario occurred, to draw lessons and use the best practices.
She said NEFF’s failure to submit its financial statements within the prescribed deadlines by ECN has painted a negative image of the party.
“They are so vocal when they are in parliament. They are the first ones to actually criticise the ruling party for not doing what is expected. Before you criticise somebody you must first clean your house,” she said.
She said that given the broken trust, it will be difficult for voters to trust the party again.
Thomas added that NEFF’s departure from parliament is an indication that democracy has received a sucker punch, as the National Assembly will now have fewer political parties.
“This has lessened the voices of voters, as parties often debate about issues in the interest of the nation. NEFF’s deregistration has created a vacuum in parliament, given their vocal voice in challenging issues,’ she said.
NEFF deputy leader Kalimbo Iipumbu insists that the party will take the matter to court.
“There is nothing to talk about deregistration here, we got the news and it is very shocking. We are taking the matter to court as ECN did not follow the right procedures. Let’s wait to see what the judicial system will pronounce,” he said.
