The Namibia Economic Freedom Fighters (NEFF) has labelled the Electoral Commission of Namibia (ECN) as “shameful” for costing Namibians money through its decision to cancel the NEFF’s registration as a political party.
Reacting to a High Court judgement in which the ECN’s decision was declared unlawful and the ECN was ordered to pay the NEFF’s legal costs, NEFF deputy president Kalimbo Iipumbu yesterday accused the ECN of being politically motivated.
“The whole scenario here was pushed politically by certain individuals who have friends that are serving in the commission . . . to advance the agendas of certain political parties,” Iipumbu said.
The ECN cited a failure by the NEFF to submit its audited annual financial statements to the commission as required in terms of the Electoral Act as the reason for its decision to cancel the NEFF’s registration as a political party in June.
“The commission is busy studying the reasons contained in the 51-page judgement and will in due course pronounce its position on the ruling,” the ECN said in a statement yesterday.
In the judgement delivered in the Windhoek High Court yesterday, judge Thomas Masuku found that the ECN failed to give the NEFF an opportunity to be heard – a step that is required in terms of the Electoral Act – before the decision to cancel the party’s registration was taken.
He also found that the ECN acted unreasonably and irrationally when it decided to cancel the NEFF’s registration as a political party on 17 June, before the deadline of 30 June that had been set by the ECN.
The ECN set the deadline in a letter on 24 April, when it informed the NEFF that the party had to submit its audited financial statement for the year that ended on 28 February 2024 by no later than 30 June.
By setting that deadline, the ECN created a legitimate expectation that it would not be taking steps against the NEFF before the deadline had passed, Masuku said.
The ECN also warned the party in a letter on 25 April that it would make use of the section of the Electoral Act allowing it to deregister the NEFF if the party’s audited financial statements for the financial years 2020, 2021, 2022, and 2023 were not submitted within 14 days.
Political analyst Ben Mulongeni yesterday said the deregistration has demoralised some NEFF members and damaged the image of the party.
“The deregistration has destabilised the strength and foundation of the party,” he said.
“It also costs taxpayers money, as the ECN has been ordered to pay. This is reckless, irresponsible and unprofessional. The ECN doesn’t even have the funds,” Mulongeni commented.
He said the matter has created a bad image regarding the ECN, leading to people doubting whether the commission is fit, professional and impartial enough to run Namibia’s national elections in November.
COSTLY
Addressing a media conference, Iipumbu said the ECN wasted public funds while the government needs the money for drought relief.
“We have people that are dying, dying today, dying tomorrow, dying even the day after. And this money could be utilised to feed our people that are dying of hunger. It’s very shameful,” Iipumbu said.
He said the ECN’s decision to cancel the NEFF’s registration cost the party members and damaged its branches.
“We have lost a lot of members, a lot of branches that need to be revisited,” he said.
Iipumbu said the party has run up legal costs of at least N$450 000 in the action it took against the ECN following its deregistration – first in the Electoral Court, which ruled that it was not the correct court to deal with the matter, and then in the High Court.
Masuku remarked in his judgement that it is imperative that political parties commit themselves to the principles of transparency and accountability to which they are required to comply by submitting audited financial statements on their assets, liabilities, income, and expenditure to the ECN annually.
A failure to comply with the Electoral Act’s requirements on the submission of annual financial statements to the ECN “has a serious negative impact on the faith and confidence of the public, not only in the errant political parties, but also in the entire electoral process”, Masuku said.
“The issues of accountability are serious and must be adhered to, sparing no one who is in violation of the law in that regard, regardless of their history or stature in the political domain,” Masuku added.
A decision to deregister a political party is a very serious one, in view of the impact it has on the exercise of political rights protected in the Constitution, Masuku said.
For that reason, political parties’ registration should not be cancelled in a random way, even if the parties are guilty of several transgressions of the Electoral Act, the judge remarked. “The machinery set out in the act, including the right to be heard, must be fully complied with,” Masuku stated.
The NEFF was represented by lawyer Kadhila Amoomo.
Legal counsel Lovisa Ihalwa and Mbushandje Ntinda represented the ECN.
Read more: NEFF slams ECN after court victory
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