Staff Reporter
The Electoral Commission of Namibia (ECN) has announced that it will comply with the High Court decision to re-register the Namibia Economic Freedom Fighters (NEFF) political party and will yield to its guidance in implementing the Act.
The Commission earlier this year de-registered the NEFF political party after it failed to submit its audited financial statements, as required of all parties.
De Wet Siluka, Manager of Corporate Communication at the ECN, explained that the Commission on 30 September 2024 held a meeting with the Namibia Economic Freedom Fighters, wherein it communicated and indicated its position on the matter.
“In the said meeting, the NEFF undertook to heed the Commission’s resoluteness to enforce compliance with peremptory provisions of the Electoral Act. The Commission extended the NEFF time to ensure compliance with all outstanding items, failing which it will set in motion the process to invoke the provisions of section 158(8)(a)1, viz the suspension of funds appropriated by Parliament on account of failure to comply with the requirements of the Electoral Act,” Siluka said.
He, however, added that considering the sanctions forming the subject matter, it became apparent to the Commission that the Electoral Act presents itself with serious gaps.
“Amongst others, although the Act provides for a less drastic sanction in relation to certain non-compliances besides the de-registration of a party, section 152(f) of the Act does not exclude any provision from its reach and is further not made subject to any other provisions of the Act. It is not an alternative to the power conferred on the Commission in terms of section 140(6), nor does the fact that the same conduct is criminalised under section 188 exclude its application to the persistent breach of sections 140, 141, and 142 of the Act. The Commission therefore retains the power to cancel the registration of a political party for persistent contravention of the Act in line with section 152(f). With the missed opportunity to clarify or fill the gaps with the litigation which ensued and the protracted process of legislative intervention, the Commission resolved to request the Attorney General to petition the Chief Justice in terms of Article 138(3)(b) of the Constitution, read with section 15 of the Supreme Court Act 15 of 1990, to render clarity on the said legislative provisions within the prism of the rights recorded in Article 17 of the Namibian Constitution,” Siluka concluded.
