Allexer Namundjembo
Environment Minister and Swapo’s Secretary for Legal Affairs, Pohamba Shifeta, expressed hope that the recent Electoral Court decision to pause the LPM and IPC election court challenge until the Supreme Court’s ruling next month is not a delay tactic by the applicants.
Speaking to the media outside the High Court on Monday, Shifeta said he finds the court’s decision appropriate, given the circumstances that led to the suspension of the National Assembly election challenge proceedings.
“As long as it is not just the applicants’ delay tactics because otherwise, it would result in a constitutional crisis. We need to ensure that any court challenge, whether for the National Assembly or Presidential elections, is resolved by the court seven days before members of the National Assembly are sworn in. We cannot afford a constitutional crisis. I hope the matter will be resolved before that,” Shifeta said.
He added that any aggrieved party, whether an individual or political organization, has the right to appeal the case to the Supreme Court.
Shifeta emphasized that Swapo does not support delays.
“This is not a victory for the opposition. We are satisfied as Swapo. We see it as a procedural court decision to await the Supreme Court’s determination,” he said.
PDM’s Secretary-General, Manuel Ngaringombe, remarked that the National Assembly and Presidential election challenges are interrelated.
He expressed his belief that if the Supreme Court rejects the Presidential election challenge, the same outcome will likely apply to the National Assembly case.
“We are awaiting the applicants’ arguments. I believe the Supreme Court will decide on the 25th, but I must say that the judges have applied their minds well,” Ngaringombe added.
High Court Judge Hannelie Prinsloo ruled that although the matter will be treated as urgent, it must be resolved before March 21st.
She clarified that proceedings will remain on hold until the Supreme Court delivers its ruling on the Presidential election challenge, scheduled for February.
Judge Prinsloo further said that the Electoral Court will resume hearings after the Supreme Court ruling, which will provide direction for the National Assembly case.
Raymond Heathcote, the lawyer representing President Nangolo Mbumba, accepted the court’s decision.
“We will now proceed to the Supreme Court. We respect the Electoral Court’s ruling,” Heathcote said.
The judges adjourned the IPC’s National Assembly election challenge to February 20 for a status update and scheduled the Landless People’s Movement’s case for a hearing.
Prinsloo further ordered the IPC to provide N$450,000 as security for legal expenses owed to Swapo, the President, and the ECN by February 11, with February 15 set as the ultimate deadline for payments.
