Allexer Namundjembo
Affirmative Repositioning and National Assembly member Job Amupanda has welcomed the release of the full High Court judgment in his case against the Speaker of the National Assembly and 19 other respondents, arguing that the ruling confirms his concerns about transparency in the appointment process of Electoral Commission of Namibia (ECN) commissioners.
Amupanda, who had sought to stop Parliament from proceeding with the approval of ECN nominees until key documents relating to the selection process were disclosed, said the judgment was not a rejection of his arguments on the substance of transparency and accountability.
In a statement following the release of the judgment, Amupanda said he had initially understood the application to have been dismissed on urgency grounds but later realised that the court had instead declined to grant an interdict at that stage.
“The judge just declined to grant an interdict at this stage,” Amupanda said on Tuesday, adding that the ruling reflected his view that legal challenges could still succeed even after decisions had been implemented.
He described the outcome as an example of “winning in losing and losing in winning,” saying the judgment reinforced the position that the appointment of ECN commissioners must comply with constitutional principles.
According to Amupanda, the ruling clarified that the recruitment process for ECN commissioners must be transparent; that he retains the right to challenge the outcome if appointments proceed without access to relevant records; and that the court did not accept the respondents’ technical arguments regarding the location and custody of the requested documents.
The High Court, in its ruling delivered by acting judge James Devittie, found that the refusal to provide the requested documents was an administrative decision that should first be challenged through judicial review.
The court declined to halt the National Assembly from exercising its constitutional role before such a review process was completed.
However, the judgment also highlighted the importance of transparency and openness in the appointment process of electoral commissioners.
Amupanda pointed to concerns raised by the court about future constitutional questions being decided on technical issues relating only to who holds particular records.
He argued that the court’s comments supported his position that questions around transparency, accountability, and Members of Parliament’s access to information should not be defeated by administrative technicalities.
“The court signal is clear — their decision will be set aside,” Amupanda said, referring to the possibility of future legal challenges should the appointment process continue without disclosure of the requested records.
The High Court previously dismissed Amupanda’s urgent application and ordered that there be no order as to costs.
The matter was removed from the roll.
Justice Devittie noted that the Electoral Act requires a transparent and open process for selecting ECN commissioners, including public interviews of shortlisted candidates.
The judge also stated that the constitutional importance of the issues raised justified making no costs order against Amupanda.
Amupanda said he would continue pursuing the matter, stating: “We won’t retreat.”
Political analyst Ndumba Kamwanyah on Monday said that he supports parties questioning and interrogating the process because transparency must not only exist but also be seen to exist.
“However, consistency is equally important. If the incoming ECN Chairperson is subjected to this level of scrutiny, then the same standard should have been applied to the appointment of the new ACC Director,” he said.
Selective scrutiny undermines public confidence, Kamwanyah said. In the end, a transparent and consistently applied process strengthens democracy and trust in our institutions.
