Staff Writer
The Office of the Attorney-General has rejected demands to postpone Parliament’s vote on the appointment of the Electoral Commission of Namibia (ECN) chairperson and commissioners.
However, it has agreed to make documents bearing President Netumbo Nandi-Ndaitwah’s signature available to Members of Parliament during the sitting.
The development follows a legal demand served on the Speaker of the National Assembly by Kadhila Amoomo Legal Practitioners, acting on behalf of Affirmative Repositioning (AR) leader and Member of Parliament Job Amupanda.
In a letter dated 8 July 2026, the law firm demanded the immediate deferment of Parliament’s vote on the approval of the ECN leadership, arguing that Members of Parliament had not been furnished with critical documents required to make an informed constitutional decision.
The legal practitioners contended that proceeding with the vote without full disclosure would undermine Parliament’s constitutional oversight role and the principles of transparency, accountability and administrative justice.
However, in a response issued the same day, Government Attorney Nelao Alexander dismissed the request to halt the parliamentary process, saying the National Assembly was acting in accordance with the Electoral Act.
Alexander wrote that the sitting scheduled for 8 and 9 July 2026 complies with the law and that Members of Parliament are empowered to approve or reject the President’s nominees.
“The sitting scheduled for 8–9 July 2026 is in compliance with the Act for respective members of the National Assembly to approve or disapprove the nomination of the President. As a result, the demands made in your letter cannot be met,” the response reads.
Although rejecting the request to postpone the vote, the Attorney-General’s Office acknowledged one of the key transparency concerns raised by Amupanda’s legal team.
The response confirmed that documentation reflecting the President’s nominations would be made available to all Members of Parliament during the parliamentary sitting.
“The documents requested… will be provided to the entire House during the sitting,” the Attorney-General’s Office stated.
However, the Government said other records sought by the legal team, including documents relating to the work of the Selection Committee, are not in the Speaker’s possession.
According to the response, those records remain in the custody of the Chairperson of the Selection Committee established under the Electoral Act.
The Attorney-General further indicated that the President’s appointment of an ECN chairperson remains subject to approval by the National Assembly, meaning the appointment process has not yet been concluded.
The remainder of the allegations contained in the legal demand were denied, with the Government Attorney stating that the Speaker’s legal rights remain reserved.
The dispute stems from a letter delivered earlier on Wednesday by Kadhila Amoomo Legal Practitioners to the Speaker of the National Assembly.
In that demand, the law firm argued that Parliament could not lawfully consider the President’s nominees without first receiving all documents relating to the recruitment and recommendation process.
Among the documents requested were the President’s nomination letter, records and recommendations from the Selection Committee, and other documentation relied upon in forwarding the nominees to Parliament.
The lawyers argued that withholding those records would prevent Members of Parliament from independently assessing whether the nominees satisfy the legal requirements for appointment to one of the country’s most important constitutional institutions.
They further maintained that Members of Parliament have a constitutional duty to exercise their oversight responsibilities based on complete information rather than merely endorsing executive decisions.
Following receipt of the Government Attorney’s response, Amupanda welcomed the commitment to release some of the requested documents but said the battle for full disclosure was far from over.
“Our lawyers received this letter from Government Attorneys regarding our demand for transparency and stopping the violation of the Constitution,” Amupanda said in a statement.
“The lawyers representing the Speaker indicated that finally they will release the documents with the President’s signature to all members of the National Assembly.”
He said the decision represented an important step towards transparency but insisted that significant information remains withheld.
“While this is welcomed, finally, we are still discussing the content of the letter because other records are still hidden. We will keep you informed,” he said.
The disagreement has placed renewed attention on the process used to appoint commissioners to the Electoral Commission of Namibia, an institution responsible for administering elections and safeguarding the country’s democratic processes.
Legal observers say the dispute raises broader questions about the level of information Parliament should have when exercising its constitutional responsibility to approve presidential appointments.
While the government maintains that the National Assembly can proceed with the approval process, Amupanda’s legal team argues that meaningful parliamentary oversight cannot exist without full transparency.
