Court throws out case on RDP dispute

The Electoral Court does not have the jurisdiction to hear and decide an urgent application Rally for Democracy and Progress (RDP) founding member Kandy Nehova and three other party members took to the court.

This was decided by judge Nate Ndauendapo and acting judges Kobus Miller and George Coleman yesterday.

Nehova and RDP members Ismael Frans, John Nghishekwa and Asser Sheuyange wanted the court to prohibit party president Mike Kavekotora, vice president Kenedy Shekupakela, secretary general Cecil Nguvauva and Nicanor Ndjoze, whose leadership they dispute, from using a party bank account and from holding any meetings to nominate candidates for Namibia’s national elections in November.

Nehova and Kavekotora have been leading rival factions of the party since 2019, when Kavekotora was elected as RDP president, before Nehova was also elected as party president at a rival convention.

The Electoral Court does not have the jurisdiction to deal with internal fights in political parties, lawyer Marius Boonzaier, representing Kavekotora and his colleagues, argued before the three judges yesterday.

The judges agreed, and struck the application from the court’s roll.

Nehova claimed in a sworn statement filed at the court that he is the legitimate president of RDP.

He claimed Kavekotora was not democratically elected at a national convention of RDP in Windhoek in June 2019, and that he is not authorised by the RDP’s central committee to use the party’s funds.

After the party’s convention in June 2019, which according to Nehova was unsuccessful, another national convention was held at Otjiwarongo in October 2019.

In his affidavit, Nehova said he was elected as president of RDP at the convention in October 2019.

Nehova also claimed Kavekotora, Shekupakela and Ndjoze were expelled from RDP in December 2019, and accused them and Nguvauva of misleading the public by portraying themselves as part of the legitimate leadership of the party.

In an answering affidavit, Kavekotora said the allegations in Nehova’s affidavit were “baseless and without merit”.

He accused Nehova and the other applicants of bringing RDP into disrepute through several unsuccessful applications that they have brought in the Electoral Court and also in the Electoral Tribunal for the district of Windhoek.

Kavekotora informed the court that RDP held its fourth national convention at Rundu about three weeks ago.

Kavekotora said he was elected as the party’s president, Shekupakela was elected as vice president and Nguvauva was elected as secretary general at the convention.

The party also chose its candidates for the National Assembly election in November about three weeks ago, Kavekotora added.
Nehova, Frans, Nghishekwa and Sheuyange also sued Kavekotora, Shekupakela, Ndjoze and Nguvauva in the Electoral Tribunal for the Windhoek district in August.

The chairperson of the tribunal, magistrate Leopold Hangalo, dismissed their application after finding that the tribunal lacked the necessary jurisdiction to make the orders Nehova and his colleagues were applying for.