Martin Endjala
In the event that a political party fails to lodge its audited accounts with the Electoral Commission of Namibia (ECN), the electoral body has no power to de-register such a party.
According to Kadhila Amoomo, the lawyer representing the Namibia Economic Freedom Fighters (NEFF), the ECN unlawfully deregistered and cancelled the party’s registration certificate on Monday.
“To deregister a political party before exercising these powers is not only premature, but it is unreasonable, unfair, and irrational to want compliance with the Electoral Act,” he argued.
On 17 June, the ECN notified NEFF deputy leader Kalimbo Iipumbu about the deregistration, directing him to return the party’s registration certificate to the ECN head office.
The decision to deregister NEFF, according to ECN, is due to its failure to lodge its audited financial statements for the period 2022/2023 and publish 2020/2021 and 2021/2022’s abridged versions.
These should have been published in two daily newspapers circulating throughout the country.
Amoomo elaborated on the implications of Section 140(6) of the electoral regulations concerning political party financial accountability.
According to these provisions, if a registered political party fails to submit its audited accounts to the electoral commission and does not publish an abridged version as required, the commission is empowered to take corrective action.
These actions include appointing an auditor to audit the accounts and mandating the political party submit the audited accounts by a specific deadline set by the commission.
Amoomo argued that the section makes clear provisions for the incidence where a political party fails to lodge its audited accounts with the Commission and publish them in accordance with Subsection 4.
He argued that ECN had not given his client the opportunity to be heard under Section 152(f).
“Therefore, the decision stands to be set aside on this ground,” he said.
On 24 April, ECN sent a letter to NEFF seeking their compliance with Section 158 of the Electoral Act 5 of 2014, with the deadline set for 30 June but resolved to issue a deregistration letter on 17 June.
“The ECN’s conduct does not inspire confidence in this regard, adding that it appears that there is a disconnect between Shaama’s office and the Legal Advisor’s office,” he said.
Amoomo also questioned how NEFF was commended in a letter dated 15 March for its compliance with the Electoral Act 5 of 2014 and is now being deregistered.
“These inconsistencies in your conduct create an apprehension in the minds of our client that you may be acting under the influence of external parties, seeing that we are headed towards an election this year,” he said.
NEFF deputy leader Kalimbo Iipumbu also expressed his dismay and condemned the decision by the ECN.
“We wish to put it on record that this action, communicated to National Assembly Speaker Peter Katjavivi and resulting in the call for the removal of our representatives from the National Assembly, is both unjust and unprecedented,” he said.
Iipumbu said NEFF has consistently demonstrated its commitment to principles of accountability and transparency.
He said the party has diligently audited its financial records and has been in the process of publishing these audited financial statements in national newspapers since last week.
“This thorough auditing process, which is essential for maintaining financial integrity, is not something that can be expedited beyond reasonable timeframes,” he said.
Iipumbu believes that, like any other organization, the NEFF cannot be held accountable for the natural duration of this due process.
He said NEFF is preparing to challenge this unjust decision in court and urged supporters and sympathisers to remain vigilant and calm.
Questions sent to ECN proved futile at the time of publication.
