Martin Endjala
Swapo’s secretary general Sophia Shaningwa has asked the High Court to direct Reinhold Shipwikineni to retract the communication and unconditionally tender an apology to the party.
She said this in her answering affidavit to the court, in response to the High Court’s directive for the party to oppose Shipwikineni and others’ application by 30 August.
Shipwikineni and others challenged the party’s decision to extend the extraordinary congress to next year in court, as well as the legitimacy of vice president Netumbo Nandi Ndaitwah’s 2024 presidential election candidacy.
Shaningwa said the application by Shipwikineni is evident that his actual purpose and aim are to continue creating doubt in the minds of Swapo’s members over the legitimacy of Nandi-Ndaitwah’s presidential candidacy.
Shaningwa has accused Shipwikineni of being a destructive, divisive, and mischievous character, saying he politically thrives on propagating lies and misinformation on or about the party’s leadership.
“He naively and cynically believes that an insult-based public discourse is part of the constitutionally protected fundamental freedom of expression. In fact, he is a politician with a misguided obsession with searching out dirt against prominent leaders of the party,” she said.
The case involves Reinhold Nghihepavali Shipwikineni, Petrus Ndeshipanda Shituula, Joshua Vaino Martins, Erich Chrismann Shivute, Aina Kalimba Angula and the Swapo party, and Netumbo Nandi-Ndaitwah.
Shaningwa said Shipwikineni continued, to this date, to question, in bad faith, the legitimacy of Nandi-Ndaitwah’s candidature as the party’s presidential candidate in the upcoming presidential elections in November 2024.
She explained that Nandi-Ndaitwah is the party’s duly and lawfully identified presidential candidate, in accordance with Rules 8, 10 and 53, for the country’s presidential elections on November 27, 2024.
Shaningwa also denied that Swapo is in breach of Article 15(9), arguing that the party took a position that is legally sound as confirmed by legal authorities, which has stood the test of time.
According to her, individual membership in the party is open to every qualifying Namibian, but only to those who accept the party’s aims and objectives, who are not members of any other political party, and who do not support organisations or movements with aims and objectives contrary to those of Swapo.
Shaningwa said the members’ behaviour must be in accordance with the spirit and values stated in the party’s constitution.
“Genuine grievances must be raised in accordance with the party’s procedures and a peaceful, cordial and respectful manner. Unfortunately, Shipwikineni does not act in accordance with these core values and requirements of the party,” she said.
According to Shaningwa, there is a contractual relationship between Swapo and any specific member. Therefore, in such proceedings, it is necessary to allege a contract as required by the applicable Rules of the High Court.
“It is in this respect that these applicants failed to plead their case as required. This will be addressed at the hearing in the form of an exception in motion proceedings,” she pointed out.
She also questioned why Shipwikineni waited so long to object to the central committee’s decision to postpone the congress to next year when it gave any party member ample time to submit their objections.
According to her, Shipwikineni simply wants to cause confusion and panic among the party’s members, as well as harm the party’s reputation and electoral fortunes.
She said his malicious, counter-revolutionary, and subversive acts continued making numerous and continuous disparaging and defamatory statements towards and concerning Swapo and its presidential candidates and other senior leaders of the Party on social media platforms.
This occurred almost every day. This was already last year.
“Despite Shipwikineni being placed on terms to proceed with legal action, if he so wished, no legal action was instituted until this application was belatedly instituted only during June 2024 after numerous threats to do so,” she said.
She said Shipwikineni’s legal practitioners threatened and committed themselves to institute an urgent application in April 2024.
“Shipwikineni continued, almost daily, to post on social media platforms various mischievous statements attacking and insulting Swapo and its leadership,” she stated.
She claims that all these were aimed at harming Swapo’s electoral fortunes at the upcoming election in November 2024 and damaging the party’s political goodwill and name.
Shipwikineni and others are expected to submit their replying affidavits and answering affidavits to both Swapo and Nandi-Ndaitwah to counter their applications on 20 September.
