Martin Endjala
Kadhila Amoomo, the lawyer for the Namibia Economic Freedom Fighters (NEFF), has announced that the party will challenge the Electoral Commission of Namibia (ECN) in court.
This decision comes in response to the ECN’s recent statement affirming its decision to deregister the NEFF.
Last week, the ECN deregistered the NEFF for failing to submit its financial statements by the 10 May deadline, as required by Section 158.
The ECN also cancelled the party’s registration certificate.
“We will now meet in court,” said Amoomo.
Last week, Amoomo demanded clarification from the ECN on its decision to deregister its client.
He argued that ECN does not have the authority to deregister political parties.
“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.
Amoomo explained the implications of Section 140(6) of the electoral regulations concerning political party financial accountability.
These provisions empower the electoral commission to take corrective action if a registered political party fails to submit its audited accounts to the commission and fails to publish an abridged version as required.
Amoomo argued that the section makes clear provisions for instances where a political party fails to lodge its audited accounts with the Commission and publish them in accordance with Subsection 4.
He further contended that ECN had denied his client the right to a hearing under Section 152(f).
In a statement last week, ECN stated that it provided all political parties with sufficient time to comply and submit audited financial statements before the deadlines.
The deadlines were set for 31 March 2022, then eventually extended to 30 November 2023.
ECN said the deregistered parties, namely NEFF, Christian Democratic Voice (CDV), and the Democratic Party of Namibia (DPN), will stay off the list.
After non-compliance, the ECN issued another reminder of a 14-day extension on 25 April with the final deadline set for 10 May.
According to the ECN, the three parties failed to comply with Section 158, after which the commission invoked Section 152 and deregistered them.
With regard to the deadline of 30 June, the ECN stated that the cut-off date does not relate to records that should have been submitted on 10 May
The ECN stated that the 30 June deadline is a reminder to political parties to submit records no later than three months after the end of their financial year, which ends in March.
NEFF has also cancelled its scheduled petition against the ECN’s decision for 5 July.
The party’s head of economic development, Michael Amushelelo, described the ECN decision as unfair and corrupt.
He argued that the Independent Patriots for Change (IPC) was also given 30 June to submit their audited financial statements, which were only published recently and were not deregistered on 17 June, like NEFF.
“This is clear as daylight that ECN doesn’t want NEFF to appear on the ballot paper,” he claimed.
In a letter dated 25 April seen by the ECN chairperson, Elise Nghikembua, commended IPC for complying with the ECN’s regulations.
She also noted that the IPC had not submitted its 2022–23 audited financial statement and urged the party to do so by the cutoff date of 30 June.
IPC’s national general secretary, Christine !Aochamus, confirmed that the party has complied and has already submitted its financial year-end statement, which ended on 31 December 2023.
