Martin Endjala
After the deregistration of the Namibia Economic Freedom Fighters (NEFF), Christian Democratic Voice (CDV), and Democratic Party of Namibia (DPN) by the Electoral Commission of Namibia (ECN), it is still unclear what will happen to the seats vacated in the National Assembly.
“This is another classic example that the existing legal provisions are incomplete and do not clarify all eventualities,” said political analyst, Henning Melber on the seats left unoccupied by members of parliament of the affected parties.
He said that the country’s legal provisions fall short when it comes to handling unforeseen situations, such as the NEFF party’s unprecedented deregistration while in parliament.
Melber said that despite the chamber’s seats being reduced from 96 to 94, the two-seat reduction should not be a reason to justify the parliament’s paralysis.
He believes that lawmakers can continue to execute their mandates by adopting legislation with the necessary majority until 21 March 2025, when the two seats will have to be unoccupied in the absence of any electoral procedure to fill them.
“This would require a national election to allow all registered voters to participate. The only possible option would be to fill the two seats with those candidates on party lists as prescribed in the constitution who would have been the next in terms of the proportional election results in 2019, which would be a feasible solution,” explained Melber.
He said such a provision would not violate or ignore the electoral will.
Melber explained that it would also serve as a backup plan in the unlikely event that a party with representation in parliament decided to dissolve and remove its MPs, creating a similar void.
Last month, National Assembly Secretary Lydia Kandetu said a meeting on the matter was set to take place between her and the Electoral Commission of Namibia (ECN).
However, upon follow-ups, Kandetu said the meeting never took place but referred the publication to ECN.
Last month, questions were sent to ECN about what would happen to the seats; the commission has also failed to respond.
According to Rally for Democracy Party (RDP) president Mike Kavekotora, the de-registration of those parties, NEFF, Christian Democratic Voice (CDV), and the Democratic Party of Namibia (DPN), made parliament legally non-functional.
He said the laws they passed were illegal because they did not have the required 96 members.
“I recall Lydia Kandetu’s statement to consult with the ECN and inform the nation accordingly. What happened to that promise? Parliament is sitting and passing laws in breach of the Establishment Act No. 1 of 1990,” said Kavekotora.
Usutuaije Maamberua, a former parliamentarian, stated that he does not believe the vacated seats will affect the National Assembly’s ability to pass laws.
“If you remember well, there was an incident of RDP when it was started where, for about 6 months, its members did not come to parliament, but parliament still went on. It is possible that parliament can still function even if it does not have 100% seats,” said Maamberua.
He added that the two seats do not pose a threat to the legislature’s ability to pass laws because the Namibian Constitution allows for a representative majority.
“In terms of whether those seats will remain as they are or be filled, it depends if NEFF wins their matter at court with ECN, then they can return, or the other option is if they can re-register on time to partake in the elections,” he stated.
