ECN admits error in deregistration of CDV and NEFF

The Electoral Commission of Namibia (ECN) says it realises it made an error in deciding to cancel the registration of two political parties that failed to comply with the Electoral Act.

The ECN’s chief electoral officer, Petrus Shaama, says this in a sworn statement filed at the Windhoek High Court on Tuesday.

Shaama’s affidavit was filed in support of an application in which the ECN asked the court to declare its decision to cancel the registration of the Christian Democratic Voice (CDV) as a political party as null and void.

With the ECN’s application not opposed, judge Shafimana Ueitele yesterday declared the ECN’s decision to deregister the CDV null and void.

The ECN cancelled the registration of the CDV and the Namibia Economic Freedom Fighters (NEFF) on 13 June, after both parties failed to submit audited financial statements to the ECN as required in terms of the Electoral Act.

The NEFF subsequently sued the ECN in the Windhoek High Court. The party won its case on 5 September, when judge Thomas Masuku ruled that the ECN failed to give the party an opportunity to be heard before the decision to cancel its registration was taken.

Masuku also found that the ECN created an expectation that it would not take steps against the NEFF before the end of June. The expectation was created when the ECN set a deadline of 30 June for the NEFF to comply with the Electoral Act by submitting its audited annual financial statements to the commission.

In his affidavit, Shaama informed the court the CDV’s registration as a political party was cancelled in similar circumstances as the cancellation of the NEFF’s registration.

Shaama adds that after the delivery of the judgement in the NEFF’s case, the ECN realised its error with its decision to deregister the CDV as well.

“ECN realises its error and/or the irregularity in making the decision to deregister [the CDV], which is similar to what occurred with the NEFF,” Shaama states.

He continues: “ECN with this application would like to address the error and/or irregularities and wish to address the issue.”

He also informed the court that a lawyer representing the CDV addressed a letter to the ECN, demanding that the commission withdraw its decision to deregister the party, a week after the delivery of Masuku’s judgement.

Shaama says the ECN was advised that it is precluded from revisiting and reversing its own decision, and as a result it decided to ask the High Court to declare the decision null and void.

The CDV has held one seat in the National Assembly since March 2020.

Shaama said the ECN decided to cancel its registration as a political party because it failed to submit its audited financial statements for the years 2020, 2021, 2022 and 2023, as well as proof of the publication of the statements in a newspaper to the commission.