Court rules for Nudo

THE DTA’S demise deepened yesterday after the High Court dismissed the party’s request to bar Herero Chief Kauima Riruako’s National Democratic Unity Organisation from taking part in the Grootfontein by-election.

Judge John Manyarara had barely stepped out of Court A after delivering a sternly worded judgement when wildly jubilant Riruako supporters swarmed the Chief, hugging and tugging at him, while others applauded and shouted: “Ndangi muhona” (“Thank you, Chief”). They packed the courtroom as Riruako and the DTA president sat at the opposite ends of Court A.Hardly any of the DTA’s red, white and blue colours were visible.Judge Manyarara directed scathing remarks at the DTA challenge, accusing the party of opening itself to the charge of having attempted a “trial by ambush”.Riruako’s followers filed out of the courtroom to celebrate their temporary victory outside, leaving the lonely figure of DTA President Katuutire Kaura surrounded by journalists: many had the impression that his battle was over.In the ensuing two hours, Kaura issued conflicting statements.First, he capitulated, saying Nudo and Riruako had been lured away from the DTA by Swapo.”Let them go to Swapo. I wish them good luck on their way to Swapo. I’m happy that the division now is final. Everybody will go his own way,” he told reporters.Less than 30 minutes later, Kaura was adamant that he would persevere with the application already before the High Court in which he challenges the Electoral Commission’s decision to register Nudo as an independent political party.Then Kaura appeared to reconsider yet again, saying: “I don’t think it’s worth it” to fight for Nudo’s retention within the DTA.By late afternoon, Kaura had flip-flopped a third time, announcing “the first thing is that we will be in the Supreme Court tomorrow to appeal against the ruling”.One of the DTA lawyers, Esi Schimming-Chase, confirmed yesterday that they party were “exploring an appeal in the Supreme Court” but were awaiting “final instruction” from their clients.The DTA as first applicant and Nudo as second, both represented by Kaura, approached the court on an urgent basis in the past two weeks, asking that Riruako’s Nudo be barred from the Grootfontein election to fill a Regional Council vacancy.The DTA also brought an application asking that the court declare null and void the Electoral Commission’s decision to register Nudo.But DTA lawyer Raymond Heathcote said in court last week that the review application would be made at another stage.The election was called after the constituency’s former Regional Councillor, Grace Ushona, left to become Ambassador to Cuba.Nudo was formed in 1964 by Hosea Kutako and other Herero leaders, including Riruako and Mburumba Kerina.Kaura stated in court papers that the Nudo registered by Riruako was a fake organisation.He said Nudo held a congress in November which decided to keep the party within the DTA.Judge Manyarara said in his ruling that the ownership of Nudo “seems to be the bone of contention”.”Therefore, I wish to make it clear that I am not called upon to decide whether one or other of the parties should be regarded as the ‘genuine Nudo’ or the ‘fake Nudo’,” he explained.”My function is merely to determine whether the applicants have made out a case for relief they seek on an urgent basis … “.Before delivering his blow to the applicant’ hopes, Manyarara pointed out that Riruako, as Nudo president, had already informed the DTA on September 18 last year that he was taking the Herero-dominated group out of the opposition party and planned to stay on as Nudo’s head.On December 18, the Electoral Commission told Kaura’s Nudo faction that it had approved Riruako’s application to register Nudo despite the threat of a lawsuit.”I cannot think of a more direct invitation to sue than that presented by the commission’s letter of 18 December 2003 telling the applicants bluntly the commission has no intention whatsoever of reversing the position,” said Manyarara.He accused the DTA of ignoring the opportunity to launch a lawsuit in favour of “a last-minute bid to seek precisely the same relief” that they could have sought before initiating the current application on January 30.”I find the urgency in this application is self-created by culpable remissness on the part of the applicants.They had ample opportunity to seek redress but sat back,” the Judge said.”The assumption must be that they deliberately planned to take the respondents by complete surprise – trial by ambush, some would say”.Kaura stated after the ruling that Nudo’s breakaway was “orchestrated by Swapo”, a reference to a secret meeting outside Windhoek early last year.Nudo was viewed as the pillar of DTA’s voting bloc, but Kaura put on a brave face, claiming his party was getting stronger.”I cannot keep a mummy alive,” said Chief Riruako, adding that the DTA died a long time ago.They packed the courtroom as Riruako and the DTA president sat at the opposite ends of Court A. Hardly any of the DTA’s red, white and blue colours were visible. Judge Manyarara directed scathing remarks at the DTA challenge, accusing the party of opening itself to the charge of having attempted a “trial by ambush”. Riruako’s followers filed out of the courtroom to celebrate their temporary victory outside, leaving the lonely figure of DTA President Katuutire Kaura surrounded by journalists: many had the impression that his battle was over. In the ensuing two hours, Kaura issued conflicting statements. First, he capitulated, saying Nudo and Riruako had been lured away from the DTA by Swapo. “Let them go to Swapo. I wish them good luck on their way to Swapo. I’m happy that the division now is final. Everybody will go his own way,” he told reporters. Less than 30 minutes later, Kaura was adamant that he would persevere with the application already before the High Court in which he challenges the Electoral Commission’s decision to register Nudo as an independent political party. Then Kaura appeared to reconsider yet again, saying: “I don’t think it’s worth it” to fight for Nudo’s retention within the DTA. By late afternoon, Kaura had flip-flopped a third time, announcing “the first thing is that we will be in the Supreme Court tomorrow to appeal against the ruling”. One of the DTA lawyers, Esi Schimming-Chase, confirmed yesterday that they party were “exploring an appeal in the Supreme Court” but were awaiting “final instruction” from their clients. The DTA as first applicant and Nudo as second, both represented by Kaura, approached the court on an urgent basis in the past two weeks, asking that Riruako’s Nudo be barred from the Grootfontein election to fill a Regional Council vacancy. The DTA also brought an application asking that the court declare null and void the Electoral Commission’s decision to register Nudo. But DTA lawyer Raymond Heathcote said in court last week that the review application would be made at another stage. The election was called after the constituency’s former Regional Councillor, Grace Ushona, left to become Ambassador to Cuba. Nudo was formed in 1964 by Hosea Kutako and other Herero leaders, including Riruako and Mburumba Kerina. Kaura stated in court papers that the Nudo registered by Riruako was a fake organisation. He said Nudo held a congress in November which decided to keep the party within the DTA. Judge Manyarara said in his ruling that the ownership of Nudo “seems to be the bone of contention”. “Therefore, I wish to make it clear that I am not called upon to decide whether one or other of the parties should be regarded as the ‘genuine Nudo’ or the ‘fake Nudo’,” he explained. “My function is merely to determine whether the applicants have made out a case for relief they seek on an urgent basis … “. Before delivering his blow to the applicant’ hopes, Manyarara pointed out that Riruako, as Nudo president, had already informed the DTA on September 18 last year that he was taking the Herero-dominated group out of the opposition party and planned to stay on as Nudo’s head. On December 18, the Electoral Commission told Kaura’s Nudo faction that it had approved Riruako’s application to register Nudo despite the threat of a lawsuit. “I cannot think of a more direct invitation to sue than that presented by the commission’s letter of 18 December 2003 telling the applicants bluntly the commission has no intention whatsoever of reversing the position,” said Manyarara. He accused the DTA of ignoring the opportunity to launch a lawsuit in favour of “a last-minute bid to seek precisely the same relief” that they could have sought before initiating the current application on January 30. “I find the urgency in this application is self-created by culpable remissness on the part of the applicants. They had ample opportunity to seek redress but sat back,” the Judge said. “The assumption must be that they deliberately planned to take the respondents by complete surprise – trial by ambush, some would say”. Kaura stated after the ruling that Nudo’s breakaway was “orchestrated by Swapo”, a reference to a secret meeting outside Windhoek early last year. Nudo was viewed as the pillar of DTA’s voting bloc, but Kaura put on a brave face, claiming his party was getting stronger. “I cannot keep a mummy alive,” said Chief Riruako, adding that the DTA died a long time ago.