Swapo after the judgement

ACTING JUDGE Collins Parker’s judgement in the Windhoek High Court on Friday that nullified Swapo’s decision to expel its four youth leaders is seen by many as a triumph not only for the quartet but also for the ruling party itself.

In a landmark judgement, Parker declared that the Swapo leadership’s decision to expel Elijah Ngurare, Dimbulukeni Nauyoma, George Kambala and Job Amupanda from the party is unlawful and null and void. The ruling party must immediately reinstate the four as full fledged Swapo members. The party was also ordered to pay 60% of the youth leaders’ legal costs.

Judge Parker rejected Swapo’s arguments that the courts have no jurisdiction to intervene in internal party matters. He also found that the party circumvented its own constitution and disciplinary code when it expelled the four.

Soon after the judgement, Amupanda said the judiciary proved that it stood for fairness and justice because there cannot be neutrality in a situation where an elephant stands on a mouse’s tail.

Secretary general Nangolo Mbumba yesterday said Swapo accepted and will respect the court ruling, and that the party will study the verdict and pronounce itself at a later stage. He did not say they are likely to appeal.

The judgement did not say that Ngurare should be reinstated as the youth league secretary, while Amupanda’s position is clear because he had resigned when the expulsion came into effect.

After the judgement was announced, some of Ngurare’s supporters started chanting, calling for his reinstatement and that the acting secretary Veikko Nekundi must hand over the office keys.

There were others who said the position is still vacant and that Ngurare should serve his full term which ends next year since he was elected by congress.

Some Politburo and central committee members told that they are mooting the idea of Ngurare running for the secretary general’s post at next year’s elective congress.

Ngurare refused to comment yesterday although a source close to him said for now he is happy to be back in the party and to rebuild his life after the painful experience of being made an outcast.

His expulsion from the party meant he was also booted out of other positions, like his chairmanship of the Namdeb board and as an executive director of Swapo’s business wing Kalahari Holdings.

Those close to Ngurare said the youth leaders went to court to make sure that powerful party leaders stopped abusing their positions to intimidate lowly ranked members.

Nekundi yesterday said the decision to reinstate Ngurare to his former position can only be made by the mother body, and that it was also the mother body which decided on the suspensions and expulsions.

A party leader opposed to the expulsion said the judgement is an indication that the current Swapo leadership either does not understand the party’s constitution, or that they have no regard for it.

Although Mbumba said the party will respect the judgement, the future is already proving to be contentious, with party sources saying there are already mixed views about the party’s next step.

Swapo has to answer questions such as whether the four were expelled over the land issue, or whether it was a political battle the lawyers argued about in court.

The party also has to be clear on whether Amupanda, Kambala and Nauyoma were collateral damage in a bigger fight for the party’s control, and whether the move to expel Ngurare was linked to Swapo factions.

Above all, it will be noteworthy to see how the court ruling will affect the already tense atmosphere within Swapo leading to next year’s elective congress, although some sources say President Hage Geingob feels the matter of the expulsions should be put to rest.

The sources also claimed that Geingob was misled by those who wanted to tarnish his image. Fingers are being pointed at Swapo legal secretary Albert Kawana and Mbumba.

According to the sources, there are still some people who want the party to appeal the judgement in the Supreme Court, while others are said to be working on a plan to nullify the expulsions at next year’s elective congress. The elective congress has the power to overrule the central committee and the politburo.

has also learnt that several senior Swapo leaders have promised to support the four expelled youth leaders if they did not entertain the idea of forming a political party.

When the verdict was passed, the gallery erupted into Swapo songs, in which they even added Ngurare’s name to the popular Siyaya song in praise of Swapo leaders and icons.

Senior Swapo party leaders like information secretary Helmut Angula, deputy secretary general Laura McLeod Katjirua, Kawana and Mukwaita Shanyengana cut lonely figures when they left the court after the ruling.

Mbumba, Nekundi and Swapo Oshikoto regional coordinator Armas Amukwiyu were notably missing. Nekundi said he was abroad, while Mbumba was at the coast. Amukwiyu’s absence was not explained.