Swapo secretary general Sophia Shaningwa says unionist and party member Reinhold Shipwikineni’s legal application against Swapo has no relevance to Netumbo Nandi-Ndaitwah’s presidential candidacy, making it irrelevant.
Shaningwa has urged the High Court to dismiss an application brought by Shipwikineni and other party members with a punitive costs order, and to grant Swapo’s counter-application with similar penalties.
Shaningwa said this in an affidavit submitted to the High Court on Thursday.
“I wish to state that Shipwikineni appears to be confused. His application has nothing to do with the validity of Nandi-Ndaitwah as a presidential candidate. In his replying affidavit he appears to suggest that the relief, he is seeking has something to do with that fact. But that is not correct,” Shaningwa said.
Shaningwa further said Swapo already successfully submitted Nandi-Ndaitwah’s name as the party’s presidential candidate to the Electoral Commission of Namibia in September, making the case irrelevant.
“Accordingly, even if it were to be accepted that this case has something to do with the validity of the party’s presidential candidate, the relief being sought is futile, nugatory, academic and moot,” Shaningwa said.
Shipwikineni and others have taken legal action against the ruling party, insisting that a decision not to hold an extraordinary congress this year is against its constitution.
They are being represented by Richard Metcalfe.
Metcalfe yesterday strongly defended Shipwikineni and accused certain factions within Swapo of distorting the facts to serve their own corrupt interests.
Metcalfe further dismissed claims that Shipwikineni seeks to challenge Nandi-Ndaitwah’s nomination as Swapo’s presidential candidate for the 2024 elections.
“There is no challenge to comrade Nandi-Ndaitwah as the Swapo party presidential candidate,” he said.
He accused “opportunistic elements” within Swapo of hijacking the party to protect their involvement in the Fishrot scandal.
He said these individuals, who he described as “self-serving opportunists”, are trying to position themselves as the legal authorities on Swapo issues, while undermining the party’s constitution for their personal gain.
Metcalfe vowed that the legal challenge against what he called the “rape of the Swapo party constitution” would continue with the full backing of Nandi-Ndaitwah, as the party’s presidential candidate.
“This is not a personal attack on a wonderful woman, but an admonition to those who refuse to obey legal documents. Nobody is above the law or the Swapo constitution. Swapo members must obey the law and obey the Swapo party constitution,” Metcalfe said.
He said his five clients will engage the High Court for an impartial decision.
“My clients will not be cowed or intimidated by those who harbour pretensions of grandeur.
Neither will they be sidelined into being the fall guys for devious self-appointed agendas for those who contorted themselves out of prosecution on Fishrot and admitted to receiving money for their own illegal and malignant agendas.
The matter could easily be settled, but let the court decide,” Metcalfe said.
A case management conference is planned on the matter for 30 October in the High Court.
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