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NUDO challenges Rukoro’s party president declaration in court

NUDO challenges Rukoro’s party president declaration in court

Staff Reporter

THE cracks in the leadership divide within the National Unity Democratic Organisation (NUDO) have widened, as a faction within the party is seeking a court order declaring that Barry Rukoro, who was elected as the party’s president over the past weekend, was unconstitutionally elected.

A NUDO breakaway faction on Saturday elected Barry Rukoro as the party’s new president during a hastily organised congress, attended by around 300 delegates. Rukoro, during the gathering, defended the legitimacy of the elective congress organised by NUDO’s self-proclaimed interim committee under Tjizapouzeu Uahupirapi, arguing that the 300 delegates and traditional chiefs who attended the gathering had made decisions which should be respected, despite the fact that other contesting candidates for the party’s presidency were absent from the congress.

DISPUTED PRESIDENT: Barry Rukoro. Photo: Contributed

The faction led by Utjiua Muinjangue’s leadership has raised a bone of contention with this, declaring that it was an illegitimate congress, as NUDO’s official congress will be held next year in May, as per the resolution of NUDO’s highest decision-making body, the National Council, which took that resolution on 31 August 2024.

NUDO has now taken Rukoro, elected as President of NUDO, Kapukatua Kuvare, elected as Vice President, Tjizapouzeu Uahupirapi, elected as Secretary-General, Usiel Tjiho, elected as Vice Secretary-General, Kavee Rijatuna, elected as Chairperson, J. Muesee, elected as Vice Chairperson, and Den Maekopo, elected as Treasurer, to court, stating that they were unlawfully elected.

In the particulars of the claim, NUDO, represented by legal practitioner Kadhila Amoomo, said that during or about the period of August/September 2024, an illegal congress, in contravention of the plaintiff’s (NUDO’s) constitution, was called and attended by a certain faction of members belonging to the plaintiff, which led to the defendants being improperly and/or unlawfully elected as follows.

“The said congress was not carried out in accordance with Article 16.1, in that the notice for the National Congress shall be made within six months. Alternatively, the congress was not carried out in accordance with Article 16.3, in that the Extra-Ordinary National Congress shall be convened with 90 days’ notice,” Amoomo wrote in the particulars of the claim.

Further to this, he added that the purported congress was not constituted in terms of Article 16.4 of the NUDO constitution.

“The purported congress was not called or convened by any organ or body with the constitutional powers to do so. The Traditional Chiefs acted ultra vires, absent of any power and/or authority, by establishing the aforementioned interim committee responsible for calling the congress, directly contravening the plaintiff’s constitution. In light thereof, the defendants have not been duly elected in accordance with the plaintiff’s constitution… The plaintiff apprehends that the defendants will not desist with their aforesaid unlawful conduct unless restrained by an order of the court,” Amoomo argued.

In claim two, he further said that NUDO seeks an order ejecting the defendants from the rental premises of NUDO situated at Clemence Kapuuo Street.

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