Opposition, Swapo clash over Supreme Court precedence
Defendants seeks to outwit IPC on technicalities
The Electoral Court has taken a week's break to ponder on whether to relax its grip on the IPC election challenge and let the Supreme Court take the lead.
Anton Katz, senior counsel for the Independent Patriots of Change (IPC), has urged the Electoral Court to delay proceedings on the National Assembly election dispute until the Supreme Court delivers its ruling on the validity of the presidential proclamation to extend the elections.
Katz argued that proceeding with the Electoral Court case beforehand risks creating conflicting rulings between the two courts, leading to legal chaos. He emphasized the logical precedence of the Supreme Court’s decision as the highest court in Namibia.
“If the Supreme Court’s ruling differs from that of the Electoral Court, it could trigger appeals and conflicting outcomes, throwing the country into a legal black hole,” Katz stated.
The core issue at stake is the legality of President Nangolo Mbumba’s proclamation on 29 November 2024 to extend the presidential and National Assembly elections. The extension followed logistical failures in some areas, including a severe shortage of ballot papers and technical challenges, which led to voting spilling into a second day.
The IPC has brought the matter before both the Electoral Court and the Supreme Court, alleging that the president’s actions violated the Namibian Constitution. Katz explained that any ruling by the Electoral Court on this issue before the Supreme Court’s decision would be premature and potentially futile.
“The Electoral Court must know the final validity of the proclamation to make sense of any consequential relief,” Katz said. He further noted that delaying the proceedings would allow for a coherent and legally sound resolution.
Opposition to the stay
The application to delay proceedings has faced staunch opposition from Swapo, Mbumba, and the Electoral Commission of Namibia (ECN).
Sisa Namandje, representing Swapo, argued that delaying the case would not alter the IPC’s “unyielding” stance on the election results. He insisted that the Electoral Court should proceed and fulfill its mandate.
Raymond Heathcote, representing Mbumba, accused the IPC and its allies of tarnishing Namibia’s reputation by prolonging the dispute. Heathcote argued that the delay was unnecessary and detrimental, accusing the opposition parties of exploiting the legal system for political gain.
“They are dragging Namibia’s name over the hills and beaches of Walvis Bay and valleys of Helmeringhausen,” Heathcote said, adding that the IPC’s actions undermine the country’s democratic image.
The Electoral Court has remanded the matter to Monday, 20 January 2025, when it will rule on whether to grant the stay requested by Katz and the IPC.
IPC ordered to pay N$450,000 security
Meanwhile, court yesterday ordered IPC to deposit N$450,000 as security for costs for Swapo, ECN and Mbumba - in case the opposition party loses the case. This amounts to N$150 000 for each respondent, although Swapo had initially demanded security of N$600,000, Mumba N$500,000 and ECN N$750,000.
Katz initially opposed the imposition of security, saying it was not required because he was confident that his client will not lose the case. IPC initially offered a payment of N$25,000 - a request that the presiding judges tossed out. The matter is being heard by judges Hannelie Prinsloo, Orben Sibeya and Esi Schimming-Chase. The Landless People's Movement (LPM), which seeks to join the case, is represented by lawyer Patrick Kauta. - [email protected].
Katz argued that proceeding with the Electoral Court case beforehand risks creating conflicting rulings between the two courts, leading to legal chaos. He emphasized the logical precedence of the Supreme Court’s decision as the highest court in Namibia.
“If the Supreme Court’s ruling differs from that of the Electoral Court, it could trigger appeals and conflicting outcomes, throwing the country into a legal black hole,” Katz stated.
The core issue at stake is the legality of President Nangolo Mbumba’s proclamation on 29 November 2024 to extend the presidential and National Assembly elections. The extension followed logistical failures in some areas, including a severe shortage of ballot papers and technical challenges, which led to voting spilling into a second day.
The IPC has brought the matter before both the Electoral Court and the Supreme Court, alleging that the president’s actions violated the Namibian Constitution. Katz explained that any ruling by the Electoral Court on this issue before the Supreme Court’s decision would be premature and potentially futile.
“The Electoral Court must know the final validity of the proclamation to make sense of any consequential relief,” Katz said. He further noted that delaying the proceedings would allow for a coherent and legally sound resolution.
Opposition to the stay
The application to delay proceedings has faced staunch opposition from Swapo, Mbumba, and the Electoral Commission of Namibia (ECN).
Sisa Namandje, representing Swapo, argued that delaying the case would not alter the IPC’s “unyielding” stance on the election results. He insisted that the Electoral Court should proceed and fulfill its mandate.
Raymond Heathcote, representing Mbumba, accused the IPC and its allies of tarnishing Namibia’s reputation by prolonging the dispute. Heathcote argued that the delay was unnecessary and detrimental, accusing the opposition parties of exploiting the legal system for political gain.
“They are dragging Namibia’s name over the hills and beaches of Walvis Bay and valleys of Helmeringhausen,” Heathcote said, adding that the IPC’s actions undermine the country’s democratic image.
The Electoral Court has remanded the matter to Monday, 20 January 2025, when it will rule on whether to grant the stay requested by Katz and the IPC.
IPC ordered to pay N$450,000 security
Meanwhile, court yesterday ordered IPC to deposit N$450,000 as security for costs for Swapo, ECN and Mbumba - in case the opposition party loses the case. This amounts to N$150 000 for each respondent, although Swapo had initially demanded security of N$600,000, Mumba N$500,000 and ECN N$750,000.
Katz initially opposed the imposition of security, saying it was not required because he was confident that his client will not lose the case. IPC initially offered a payment of N$25,000 - a request that the presiding judges tossed out. The matter is being heard by judges Hannelie Prinsloo, Orben Sibeya and Esi Schimming-Chase. The Landless People's Movement (LPM), which seeks to join the case, is represented by lawyer Patrick Kauta. - [email protected].
Comments
Namibian Sun
No comments have been left on this article