NEFF set to battle electoral commission in High Court

The Namibia Economic Freedom Fighters (NEFF) has filed a second urgent court application against the Electoral Commission of Namibia (ECN) and the speaker of the National Assembly.

This follows the cancellation of its registration as a political party in June.

Judge Thomas Masuku has directed the parties involved in the matter to attend an urgent hearing in the Windhoek High Court on Thursday.

The NEFF lost its case against the ECN in the Electoral Court last Thursday.

The court ruled that it does not have the jurisdiction to deal with the NEFF’s application to stop the implementation of a decision to cancel its registration as a political party.

NEFF’s second in command Kalimbo Iipumbu says the party has asked the High Court to set aside this decision.

“We do not have an alternative remedy at this stage, other than approaching the High Court,” he says.

He says if the case is not urgently heard, the party is likely to not participate in November’s national elections.

Political analyst Henning Melber says the NEEF cannot blame anyone for failing to comply with legal obligations.

“The party must be held accountable by those who elected its officials to present them in parliament,” he says.

“It is part of the ECN’s mandate and responsibility to supervise that registered parties operate correctly and in compliance with legal requirements,” he says.

Melber says being in the parliament is no justification or excuse to ignore obligations and should not protect a party from being deregistered when violating existing legal requirements.

“If they indeed were not in compliance with the regulations, it would be rather surprising if a court would rule that the de-registration has to be reverted.

“It would be a far-reaching precedent, because it would mean as long as a party is represented in the parliament, it could get away with a breach of the obligations of a registered party,” he says.

He says this would undermine democracy rather than strengthen it.

“Democracy is not to be misunderstood as ‘anything goes’. It is a political system with set rules and regulations, which ought to be respected and complied with,” Melber says.