High Court declares CDV legal dispute an 'Electoral Court' matter
Issue over candidate lists
The Windhoek High Court yesterday declared that the application was a matter for the Electoral Court.
Another urgent application has been brought against the Electoral Commission of Namibia (ECN). This time, the Christian Democratic Voice (CDV) approached the Windhoek High Court.
However, judge Kobus Miller ruled yesterday that the application concerns party lists related to the upcoming election and said "this is clearly an electoral matter.
"Jurisdiction in this case lies with the Electoral Court, not the High Court," Miller said in his ruling. He consequently struck the case off the roll.
Urgent application
The urgent application was filed by Viola Geirises, who claimed to be the party's vice president. She argued that the ECN failed to accept the party’s notice of change regarding its authorised representative, as well as the subsequent submission of its candidate list.
The ECN allegedly refused to accept this candidate list, as Gotthard Kandume had already submitted a list as the party's authorised representative.
Kandume claims to be the president of the CDV and argues that Geirises resigned from the party.
"It was not disclosed to the court, and the only reason for this must be that the applicant did not want to be transparent with the court," Kandume stated in his declaration.
In response, Geirises argued that she had only resigned as the party's secretary-general at the time, not as a member of the party.
Disputes
Geirises claimed that the party held a special congress, to which Kandume was invited, but he refused to attend. During this alleged special congress, a national executive committee was reportedly elected.
"Moreover, the special congress decided that Kandume, as party president, would be recalled from the National Assembly, and further that I, as the party's vice president, would act in the president's place," Geirises asserted.
She then used her authority to inform the ECN of the change in the party's authorised representative. Hans Stramiss was appointed as the new representative, but upon submitting the candidate list, the ECN pointed out that, according to their records, he was not the party's authorised representative. As a result, they did not accept Stramiss and Geirises’ list.
ECN explains
In response to the urgent application, the ECN submitted only an explanatory statement and indicated that it would not oppose the application.
Chief electoral officer Petrus Shaama explained in a statement that, to the best of the ECN's knowledge, Kandume is still the party's representative.
"It is the applicant's [CDV] own version that [Kandume] is the party president."
The ECN further argued that Geirises had not provided sufficient evidence that the alleged special congress was conducted according to the party's constitution.
Kandume, in his declaration, stated that the special congress Geirises referred to is not recognised by the CDV.
"It was clearly conducted based on an incorrect constitution by individuals who had no authority to hold a special congress."
Geirises claimed that Kandume was suspended as president during the special congress.
#NamibiaDecides2024
However, judge Kobus Miller ruled yesterday that the application concerns party lists related to the upcoming election and said "this is clearly an electoral matter.
"Jurisdiction in this case lies with the Electoral Court, not the High Court," Miller said in his ruling. He consequently struck the case off the roll.
Urgent application
The urgent application was filed by Viola Geirises, who claimed to be the party's vice president. She argued that the ECN failed to accept the party’s notice of change regarding its authorised representative, as well as the subsequent submission of its candidate list.
The ECN allegedly refused to accept this candidate list, as Gotthard Kandume had already submitted a list as the party's authorised representative.
Kandume claims to be the president of the CDV and argues that Geirises resigned from the party.
"It was not disclosed to the court, and the only reason for this must be that the applicant did not want to be transparent with the court," Kandume stated in his declaration.
In response, Geirises argued that she had only resigned as the party's secretary-general at the time, not as a member of the party.
Disputes
Geirises claimed that the party held a special congress, to which Kandume was invited, but he refused to attend. During this alleged special congress, a national executive committee was reportedly elected.
"Moreover, the special congress decided that Kandume, as party president, would be recalled from the National Assembly, and further that I, as the party's vice president, would act in the president's place," Geirises asserted.
She then used her authority to inform the ECN of the change in the party's authorised representative. Hans Stramiss was appointed as the new representative, but upon submitting the candidate list, the ECN pointed out that, according to their records, he was not the party's authorised representative. As a result, they did not accept Stramiss and Geirises’ list.
ECN explains
In response to the urgent application, the ECN submitted only an explanatory statement and indicated that it would not oppose the application.
Chief electoral officer Petrus Shaama explained in a statement that, to the best of the ECN's knowledge, Kandume is still the party's representative.
"It is the applicant's [CDV] own version that [Kandume] is the party president."
The ECN further argued that Geirises had not provided sufficient evidence that the alleged special congress was conducted according to the party's constitution.
Kandume, in his declaration, stated that the special congress Geirises referred to is not recognised by the CDV.
"It was clearly conducted based on an incorrect constitution by individuals who had no authority to hold a special congress."
Geirises claimed that Kandume was suspended as president during the special congress.
#NamibiaDecides2024
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