The Electoral Commission of Namibia (ECN) has urged the Electoral Court to dismiss the National Assembly election challenge brought by the Independent Patriots for Change (IPC), calling the party’s court application “vexatious and frivolous”.
In an answering affidavit on Tuesday, ECN chairperson Elsie Nghikembua said the case lacks evidence and fails to meet the legal requirements for overturning an election under section 115 of the Electoral Act.
“The commission respectfully submits that this application is vexatious and frivolous, and is an abuse of court process, warranting a cost order against the applicant […].
“The applicant made serious and baseless allegations against the commission, which are entirely unsupported by any evidence. These allegations lack merit and are prejudicial to the commission,” Nghikembua said.
The ECN said if the court finds any merit in the case, it should only invalidate votes cast during the extended voting period on 29 and 30 November 2024, and preserve the results of the 27 November election.
Nghikembua said if the court decides to preserve the results of 27 November, Swapo would gain one extra seat at the expense of the IPC.
“I humbly pray that this application is dismissed. I further pray that the first applicant be ordered to pay the costs of this application, including the costs of one instructing and two instructed counsel,” she said.
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