Elected IPC MPs refuse to resign
Resigned Swapo members question fairness
Both the Public Service Commission and ECN have urged elected officials and their employers to ensure full compliance with the law.
Some parliament-bound members of the Independent Patriots for Change (IPC) who work as public servants have not resigned from their jobs as required by the electoral law, saying the outcome of the November election remains invalid as long the ongoing court case challenging it remains unresolved.
Among them are IPC spokesperson Immanuel Nashinge, an employee of the ministry of information, and Ohangwena-based schoolteacher Abed ‘Bishop’ Hishoono. Both have returned to work, arguing that the elections' outcome is not final until resolved by the courts.
It is not clear whether Zambezi teacher Ruth Maseke, who was one of Swapo vice-president Netumbo Nandi-Ndaitwah’s 10 nominees to the party list, has also quit her job.
Nashinge confirmed his decision to stay in his position, explaining: “Now that the matter is in court, it is as good as not having an election result. If the court matter is to be resolved in August, resigning now is pointless. The matter must first be resolved.”
Hishoono, also back at work, questioned the Electoral Amendment Act's silence on disputed elections, saying: “What does that act say about disputed results? As much as I want to comply, I cannot because the election outcome is being challenged.”
Contrast with Swapo members
In contrast, Swapo members such as Dr. Elijah Ngurare, Willem Amutenya, and Sharonice Busch have resigned from their public service positions to comply with the amended Electoral Act Section 77. This amendment stipulates that public servants elected to parliament automatically resign once election results confirmed that they have been duly elected to parliament.
Yesterday Ngurare and Amutenya criticised the disparity in how they had to resign while others have not, calling it unfair that some continue to draw salaries while awaiting the resolution of court cases.
Nashinge said those who have resigned did so because of their own “arrogance.”
Legal clarity
The Electoral Commission of Namibia (ECN) and the Public Service Commission (PSC) have both reiterated the law's clarity and emphasised its implementation despite ongoing legal challenges.
ECN Senior Legal Advisor Alpheus Haufiku stated: “The law must be implemented as is until the challenge has an effect. The moment you won a seat in parliament, whether or not you tendered your resignation, your employer should stop paying you a salary.”
PSC Chairperson Salmaan Jacobs added: “The law is very clear. Employers must implement what the law says without needing enforcement from the PSC.”
Employers' responses
Some ministries have acted on the law, stopping payments to affected employees. However, others, such as the ministries of information and education, await further clarity or have left compliance to the individuals involved.
Audrin Mathe, the information ministry’s executive director, said he was still on leave and will only look into Nashinge’s situation upon his return to office.
Meanwhile, education ministry executive director Sanet Steenkamp stated that the onus to comply with the electoral law rested upon individuals who sought to be elected to parliament.
“Every responsible adult knows what they signed up for. I fail to understand how my office is involved in ensuring compliance with the law,” she said.
Among them are IPC spokesperson Immanuel Nashinge, an employee of the ministry of information, and Ohangwena-based schoolteacher Abed ‘Bishop’ Hishoono. Both have returned to work, arguing that the elections' outcome is not final until resolved by the courts.
It is not clear whether Zambezi teacher Ruth Maseke, who was one of Swapo vice-president Netumbo Nandi-Ndaitwah’s 10 nominees to the party list, has also quit her job.
Nashinge confirmed his decision to stay in his position, explaining: “Now that the matter is in court, it is as good as not having an election result. If the court matter is to be resolved in August, resigning now is pointless. The matter must first be resolved.”
Hishoono, also back at work, questioned the Electoral Amendment Act's silence on disputed elections, saying: “What does that act say about disputed results? As much as I want to comply, I cannot because the election outcome is being challenged.”
Contrast with Swapo members
In contrast, Swapo members such as Dr. Elijah Ngurare, Willem Amutenya, and Sharonice Busch have resigned from their public service positions to comply with the amended Electoral Act Section 77. This amendment stipulates that public servants elected to parliament automatically resign once election results confirmed that they have been duly elected to parliament.
Yesterday Ngurare and Amutenya criticised the disparity in how they had to resign while others have not, calling it unfair that some continue to draw salaries while awaiting the resolution of court cases.
Nashinge said those who have resigned did so because of their own “arrogance.”
Legal clarity
The Electoral Commission of Namibia (ECN) and the Public Service Commission (PSC) have both reiterated the law's clarity and emphasised its implementation despite ongoing legal challenges.
ECN Senior Legal Advisor Alpheus Haufiku stated: “The law must be implemented as is until the challenge has an effect. The moment you won a seat in parliament, whether or not you tendered your resignation, your employer should stop paying you a salary.”
PSC Chairperson Salmaan Jacobs added: “The law is very clear. Employers must implement what the law says without needing enforcement from the PSC.”
Employers' responses
Some ministries have acted on the law, stopping payments to affected employees. However, others, such as the ministries of information and education, await further clarity or have left compliance to the individuals involved.
Audrin Mathe, the information ministry’s executive director, said he was still on leave and will only look into Nashinge’s situation upon his return to office.
Meanwhile, education ministry executive director Sanet Steenkamp stated that the onus to comply with the electoral law rested upon individuals who sought to be elected to parliament.
“Every responsible adult knows what they signed up for. I fail to understand how my office is involved in ensuring compliance with the law,” she said.
Comments
Namibian Sun
No comments have been left on this article