IPC court victory could grant Swapo extra seat
IPC, LPM want extended voting disregarded
Ironically, the Swapo seat would come at the expense of IPC, which would lose one seat in the National Assembly.
If votes cast on the extended voting days of 29 and 30 November in last year’s general election are nullified, Swapo could gain an additional seat in the National Assembly, while the Independent Patriots for Change (IPC), which leads the nullification demands, would lose have its 20 seats reduced to 19.
This is according to an answering affidavit from Electoral Commission of Namibia (ECN) chairperson Elsie Nghikembua, submitted on 2 January to the Electoral Court in response to the IPC’s application challenging the election outcome.
Nghikembua remarked: “Swapo will gain one seat, and IPC will lose one seat if the results of the 29 and 30 November 2024 are excluded.”
IPC and the Landless People’s Movement (LPM) have joined forces in both the Electoral Court and Supreme Court to demand that the votes cast on 29 and 30 November be invalidated. Alternatively, they are calling for the entire 2024 general election to be declared null and void.
The Supreme Court is the court of first instance when challenging the presidential election, while the National Assembly results is challenged in the Electoral Court as a first step.
At the heart of their argument is the legality of President Nangolo Mbumba’s decision to extend voting by two days – after 27 November was originally the only day set aside for voting. The applicants claim the ECN’s reliance on advice from attorney-general Festus Mbandeka, a cabinet member affiliated with Swapo, to extend the voting days, compromised the election's independence.
Bernadus Swartbooi, leader of LPM, stated in his affidavit: “The ECN must conduct elections independently, freely, and fairly. If the ECN is subject to the advice of the attorney-general, who is loyal to the president and Swapo, it creates a direct conflict of interest.”
Mbumba’s defence
President Mbumba defended his actions, stating that he initially intended to extend voting across all polling stations but was advised by the ECN to limit the extension to select constituencies in Khomas, Oshikoto, Kunene, and Oshana regions.
As a result, Swapo had to bus in people from Kavango East to Oshana in order to boost its chances of winning the elections.
Mbumba maintained that his decision adhered to constitutional requirements, dismissing IPC’s challenge as “legally unfounded and frivolous.” He emphasised that the extension was guided by practical considerations and ECN recommendations.
Potential shift in parliamentary seats
Following the elections, Swapo secured 51 out of 96 National Assembly seats, with IPC obtaining 20. However, if the disputed votes are excluded, IPC’s Isra Kanyemba, 20th on the party’s parliamentary list, would lose his seat. He would be replaced by Swapo’s Christine Haindaka, the Swapo Party Youth League (SPYL) deputy secretary.
Swapo seeks technical victory
In her replying affidavits, Swapo secretary general Sophia Shaningwa said the court challenge, if successful, would impact several elected parliamentarians who have already resigned from their remunerated public service jobs to join the National Assembly.
Therefore, she said, these persons should have been cited as respondents in the matter, which IPC has failed to do in its application.
“I name a few i.e. Willem Amutenya, Dr. Elijah Ngurare, Sharonice Busch etc. They would be substantially and directly affected by these orders. There are also several other elected members from other political parties. What if the election is declared invalid? What happens to them? In some cases their positions may have already been occupied,” she said.
This is according to an answering affidavit from Electoral Commission of Namibia (ECN) chairperson Elsie Nghikembua, submitted on 2 January to the Electoral Court in response to the IPC’s application challenging the election outcome.
Nghikembua remarked: “Swapo will gain one seat, and IPC will lose one seat if the results of the 29 and 30 November 2024 are excluded.”
IPC and the Landless People’s Movement (LPM) have joined forces in both the Electoral Court and Supreme Court to demand that the votes cast on 29 and 30 November be invalidated. Alternatively, they are calling for the entire 2024 general election to be declared null and void.
The Supreme Court is the court of first instance when challenging the presidential election, while the National Assembly results is challenged in the Electoral Court as a first step.
At the heart of their argument is the legality of President Nangolo Mbumba’s decision to extend voting by two days – after 27 November was originally the only day set aside for voting. The applicants claim the ECN’s reliance on advice from attorney-general Festus Mbandeka, a cabinet member affiliated with Swapo, to extend the voting days, compromised the election's independence.
Bernadus Swartbooi, leader of LPM, stated in his affidavit: “The ECN must conduct elections independently, freely, and fairly. If the ECN is subject to the advice of the attorney-general, who is loyal to the president and Swapo, it creates a direct conflict of interest.”
Mbumba’s defence
President Mbumba defended his actions, stating that he initially intended to extend voting across all polling stations but was advised by the ECN to limit the extension to select constituencies in Khomas, Oshikoto, Kunene, and Oshana regions.
As a result, Swapo had to bus in people from Kavango East to Oshana in order to boost its chances of winning the elections.
Mbumba maintained that his decision adhered to constitutional requirements, dismissing IPC’s challenge as “legally unfounded and frivolous.” He emphasised that the extension was guided by practical considerations and ECN recommendations.
Potential shift in parliamentary seats
Following the elections, Swapo secured 51 out of 96 National Assembly seats, with IPC obtaining 20. However, if the disputed votes are excluded, IPC’s Isra Kanyemba, 20th on the party’s parliamentary list, would lose his seat. He would be replaced by Swapo’s Christine Haindaka, the Swapo Party Youth League (SPYL) deputy secretary.
Swapo seeks technical victory
In her replying affidavits, Swapo secretary general Sophia Shaningwa said the court challenge, if successful, would impact several elected parliamentarians who have already resigned from their remunerated public service jobs to join the National Assembly.
Therefore, she said, these persons should have been cited as respondents in the matter, which IPC has failed to do in its application.
“I name a few i.e. Willem Amutenya, Dr. Elijah Ngurare, Sharonice Busch etc. They would be substantially and directly affected by these orders. There are also several other elected members from other political parties. What if the election is declared invalid? What happens to them? In some cases their positions may have already been occupied,” she said.
Comments
Namibian Sun
No comments have been left on this article