Staff Reporter
THE Popular Democratic Movement (PDM) and the Electoral Commission of Namibia (ECN) lost their appeal against the judgment and order of the Electoral Court to remove the six duly elected members of the National Assembly.
Supreme Court Judge Theo Frank toay noted that the conclusion reached by the Electoral Court that the PDM was not entitled to change their election list subsequent to the election is correct.
In this regard, he ordered that both appeals be dismissed with costs inclusive of the costs of one instructing and two instructed legal practitioners engaged.
“The announcement of the declaration by the Chairperson of the Electoral Commission of Namibia published by way of Government Notice 86 of 2020 in Government Gazette No. 7149 of March 2020 is hereby reviewed and set aside insofar as concerns the following persons: Esmeralda Esme !Aebes, Johannes Martin, Kazeongere Zeripi Tjeundo, Godfrey Kupuzo Mwilima, Timotheus Sydney Shihumbu, Pieter Mostert. The swearing-in as members of the National Assembly of the persons mentioned above is declared unlawful, invalid and set aside,” Supreme Court Judge Frank read.
He further instructed the above-mentioned persons to immediately vacate their seats in the National Assembly and that Frans Bertolini, Charmaine Tjirare, Yvette Araes, Tjekupe Maximilliant Katjimune, Raymond Reginald Diergaardt, Mike Rapuikua Venaani be sworn in as members of the National Assembly with immediate effect.
“It is declared that the Electoral Commission of Namibia has no power in terms of the Electoral Act 5 of 2014 to alter or amend lists gazette in terms of s 78 of the Act, on and subsequent to polling day except in circumstances contemplated in s 11o(4) of the Act,” he noted.
