Allexer Namundjembo
High Court Judge Orben Sibeya has emphasised the importance of ensuring the judicial system remains accessible to everyone, irrespective of financial means.
He said this during the Independent Patriots for Change (IPC) legal challenge against the results of the 2024 National Assembly elections on Wednesday.
Judge Sibeya voiced his concerns after respondents in the case demanded substantial security costs from the IPC, with amounts ranging from N$500 000 to N$750 000.
The judge warned that such exorbitant demands risked barring access to the courts for applicants with limited resources, undermining the principles of justice.
Anton Katz, representing the IPC, argued that imposing significant security costs on his client would obstruct justice and derail the case.
“We submit this application for security is a nonsensical distraction,” Katz stated, emphasising that such demands could obstruct justice and derail the case.
To comply partially, IPC offered a deposit of N$25,000.
However, the respondents rejected the offer as inadequate.
Sisa Namandje, representing the Swapo party, dismissed the amount as a mere token, demanding N$600,000 within 24 hours.
He maintained that these expenses were essential to protect the respondents from potential financial losses in the event that the IPC lost the case.
Advocate Raymond Heathcote, representing the President, sought N$500,000, while Gerson Narib, representing the Electoral Commission of Namibia (ECN), requested N$750,000.
Advocate Raymond Heathcote, representing the President, asked for N$500,000, sharply contrasting IPC’s initial offer of N$25,000. Meanwhile, Gerson Narib, the legal representative for the Electoral Commission of Namibia (ECN), requested an even higher amount of N$750,000.
Despite Katz’s arguments and the judge’s concerns, the Electoral Court ultimately dismissed IPC’s request for a “zero-cost” order.
The court ruled that the IPC must pay security costs, though at a reduced rate of N$150,000 for each of the three respondents.
Security costs are a legal measure designed to ensure that a party challenging a case has the financial means to cover legal fees if they lose.
