Stefanus Nashama
The High Court of Namibia has postponed delivering judgment on the Electoral Commission of Namibia’s (ECN) decision to deregister the Namibia Economic Freedom Fighters (NEFF) to 8 August 2024.
Arguments in the matter were heard on Tuesday.
The NEFF, along with the Christian Democratic Voice (CDV), were deregistered by the ECN last month after the parties failed to submit and publish financial statements as prescribed by the Electoral Act.
Representing the state, Advocate Gerson |Narib argued that the High Court lacked jurisdiction and competence in the NEFF’s case against the ECN.
Narib stated that the NEFF’s challenge does not require a full bench hearing because it falls under administrative law.
He further asserted that the question of whether NEFF was unlawfully deregistered is not relevant since the party failed to comply with the law.
“There is no question on the deregistration of the applicant. This will lead to an increase in legal costs. The court does not have jurisdiction to adjudicate the issue,” he argued.
He urged the court to dismiss the NEFF case on the same grounds as the Independent Patriots for Change (IPC) case against ECN regarding the legality of dual election candidates.
In response, Lawyer Kadhila Amoomo, representing NEFF, argued that the Electoral Act interpreted by the ECN to deregister the party is peculiar and strange.
“The Act is peculiar and strange to shut the doors of this court for the applicant (NEFF). Even if political parties would like to fight against ECN, they should be able to have access to the High Court,” he said.
Amoomo also argued that the court’s concept is not clearly defined.
He supported his argument with Judge President Petrus Damaseb’s quote, “It will be unimaginable to say that in a democracy like ours, you are in the wrong court.”
He emphasised Article 17 of the Namibian Constitution as an important aspect to consider when dealing with the matter.
Amoomo also based his submission on Sections 136 (12) and 168 (C) of the Electoral Act.
He called on the court to embrace all issues under one umbrella and deliver the judgement within a reasonable time.
Amoomo accused the ECN of contravening the Act by deregistering his client.
NEFF deregistration comes with less than five months left before the presidential and national assembly elections.
The decision resulted in the removal of NEFF’s president, Epafras Mukwiilongo, and his deputy, Kalimbo Iipumbu, from their positions in parliament.
This applies to the lone lawmaker, Gotthard Kandume, of the CDV party.
