Metcalfe again withdraws as Shipwikineni’s legal council

Hertta-Maria Amutenja 

Richard Metcalfe the legal representative of Reinhold Shipwikineni, who is contesting the legality of Swapo vice president Netumbo Nandi-Ndaitwah’s candidature in the November 2024 presidential elections, has withdrawn from the case for the second time. 

The withdrawal was submitted to the High Court on Thursday. 

Shipwikineni said he and his co-applicants were not consulted about the withdrawal.

“I saw it. It’s the second time. He didn’t even consult us. He just withdrew. At this moment, we will see what we can do. We want the High Court to finalise the case,” Shipwikineni said.

Despite Metcalfe’s withdrawal, Shipwikineni maintains that the case must proceed.

“We are going to investigate this withdrawal and the delays in this case. Since last year, there has been no hearing, just case management every time,” he said.

Metcalfe had previously stated that his clients were determined to pursue the matter in the High Court and would not be deterred by internal party politics.

Shipwikineni, along with Joshua Vaino Martins, Petrus Ndeshipanda Shituula, Erich Chrismann Shivute, and Aina Kalimba Angula, took legal action against Swapo, accusing the party of failing to hold an extraordinary congress following the death of President Hage Geingob in February 2024. 

The applicants argue that Swapo’s constitution mandates the congress and are seeking to hold the party accountable for what they claim is a constitutional violation.

Shipwikineni also criticised the rising costs of seeking justice in Namibia. 

“As we know, Namibia is not the same as it used to be when it comes to justice. Justice in Namibia has now become very expensive,” he said.

In a separate case, Shipwikineni has also objected to the legal costs awarded against him after his case against Swapo and its presidential candidate, Netumbo Nandi-Ndaitwah, was struck off the court roll last October.

The High Court in December ordered him to pay N$382 768 in legal costs, which included N$158 500 for lawyer fees and N$224 268 in disbursement fees.

The court ordered Shipwikineni to cover the respondents’ legal fees despite striking the case from the roll. 

He has since objected to the ruling, stating that it is unfair to hold him personally responsible, given that there were five applicants in the case.

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