Attorney general cautioned electoral commission on NEFF deregistration

The attorney general’s office issued a contradicting opinion against the decision of the Electoral Commission of Namibia (ECN) to cancel the registration of the Namibia Economic Freedom Fighters (NEFF) as a political party.

The opinion from the attorney general’s office has since been validated by a High Court judgment in which it was found last week that the ECN failed to give the NEFF a fair hearing before cancelling its registration as a political party.

In a document from the attorney general’s office dated 16 July, the ECN was advised against defending a case filed by the NEFF after its deregistration.

The attorney general’s office also reminded the ECN that it should always be seen to act objectively, impartially and neutrally.

This reminder followed on the commission’s stance that because the NEFF had failed to submit its audited financial statements to the ECN as required by law, it had to be deregistered.

“Anything that is done unjustly will be perceived as biased,” it was said in the opinion from the attorney general’s office.

Despite the ECN’s decision to proceed with deregistration, the attorney general (AG) indicated that the Electoral Act did not grant the ECN the authority to deregister a party for such violations.

According to the AG’s legal opinion, the provisions violated by the NEFF only provided for penalties of fines or imprisonment upon a second conviction.

“This particular provision does not give the commission the authority to deregister a political party or organisation for the contravention of the said section,” the AG stated.

The AG also noted: “As can be gathered from the above, the deregistration of NEFF as a political party and the removal of its name from the register is not supported by the contravened provision.”

The AG has in the meantime advised the ECN to always act lawfully when making decisions, ensuring that the commission considers the enabling legislation, its scope and objectives.