Ester Mbathera
Lawyers representing Swapo in a legal dispute to invalidate the decision made by the party’s central committee to postpone the extraordinary congress to 19 April 2025, have demanded security of costs from the applicants.
The applicants, Joshua Vaino Martins, Petrus Ndeshipanda Shituula, Aina Kalimba Angula, Reinhold Nghihepavali Shipwikineni, and Erich Chrismann Shivute, filed a Notice of Motion with the High Court of Namibia on 13 June.
Gilroy Kasper, representing MKK Incorporated law firm, expressed concern over the applicants’ ability to satisfy potential cost orders issued by the High Court.
“This is, amongst others, informed by past litigation involving our client (first respondent), wherein problems were experienced in recovering costs awarded against individual members. In fact, the First Applicant (Shipwikineni) recently, in other proceedings pending against him in the High Court, went public seeking financial assistance to fund costs of litigation in those proceedings,” said Kasper.
He demanded security of costs amounting to N$400 000 from each of the applicants who were requested to revert by 27 June, failing which, a notice would be delivered in terms of Rule 59(1).
Rule 59 deals with providing cost protection.
Richard Metcalfe, the lawyer representing the five applicants, highlighted a presumed typographical error in the demand and requested a prompt delivery of the notice outlining the grounds for the security for costs and the amount demanded.
Metcalfe said the applicants, all bona fide members of Swapo, are seeking adherence to the party’s constitution.
“How the applicants raise funds for the present litigation has absolutely nothing to do with your clients unless they intend indulging in a cleansing pogrom of members who insist on compliance with the Swapo Party constitution,” he said.
Metcalfe reserved all rights on behalf of the clients and expressed no need to wait until 27 June for the delivery of the notice in terms of Rule 59(1).
He said what the Swapo lawyers are doing is a desperate attempt to block litigation.
“When political parties resort to contorting their constitutions and contriving to milk their members of money to prevent litigation when the political party is wrong, then we must start weeping for democracy,” he said.
If the Swapo lawyers don’t inform the Metcalfe of their plan to oppose the court application by 10 July, the court will hear the application on that date.
