Staff Reporter<\/p>\n\n\n\n
IN what could be termed the last kicks of a dying horse, the Namibia Economic Freedom Fighters (NEFF) have lodged an urgent application in the Electoral Court seeking an interdict against the Electoral Commission of Namibia’s decision to deregister it due to its non-submission of financial statements.<\/p>\n\n\n\n
The application, which comes just a few months ahead of the Namibian Presidential and National Assembly elections in November, was heard by a full bench of Electoral Court judges, including DJP Hosea Angula, Orben Sibeya, and her ladyship, Beatrix de Jager.<\/p>\n\n\n\n
In the court documents, Kadhila Amoomo, representing the NEFF, explained that the motion seeks an order interdicting the first and second respondents (the ECN and the Speaker of the National Assembly) from in any way proceeding with the implementation of the decision of the ECN to deregister the NEFF as a political party dated 17 June 2024, but served on the applicant on 18 June.<\/p>\n\n\n\n
Further to this, the applicants also seek an order in terms of which the decision of the ECN dated 17 June is regarded as not having been taken pending the finalization of the review proceedings.<\/p>\n\n\n\n
In the second part of the application, the NEFF seeks an order declaring the decisions made by the ECN as unlawful, unconstitutional, and invalid.<\/p>\n\n\n\n
Before the merits of the matter could be heard, the Electoral Court heard arguments from lawyers representing the parties involved on whether or not the court had jurisdiction to adjudicate the matter.<\/p>\n\n\n\n
The legal counsel Gerson Narib, representing the ECN in the matter, argued that the Electoral Court only deals with pre-election and post-election issues, and that the current matter before the court is a civil matter that deals with administrative law and should be heard by the High Court and does not require to be heard by a full bench.<\/p>\n\n\n\n
The lawyer further referenced the judgment made by the Electoral Court wherein the Independent Patriots for Change (IPC) sought the revealing of a legal opinion from the ECN provided by the Attorney on Dual Candidacy. In that matter, the court held that section 162(2) of the Act provides that all matters arising before polling day in an election or referendum are adjudicated by an electoral tribunal and all appeals against the decisions of the tribunal are heard by the Electoral Court. It follows thus from this provision that all pre-election matters in the sense that they arise before polling day must be adjudicated by the electoral tribunal and only appeals may be heard by the Electoral Court.<\/p>\n\n\n\n
Giving his arguments in the matter, Amoomo, representing the NEFF, said that the Electoral Act is peculiar in that some concepts such as what determines an electoral issue are not readily defined.<\/p>\n\n\n\n
He added that uncertainty in provisions should not be used to lock the applicants out of court, but that courts should rather make accommodating interpretations, adding that if the Electoral Court can deal with issues such as the registration and establishment of political parties and a myriad of other electoral issues, it should be incumbent upon them to also hear matters with regard to the deregistration of political parties. He further added that the Act does not say where a party should go in case of qualms with deregistration but that the provisions lean toward the Electoral Act.<\/p>\n\n\n\n
Amoomo said that the application relies on Section 168(c) of the Electoral Act, which defines the powers of the Electoral Court and notes that it has the power to adjudicate and decide any matter concerning any contravention of this Act.<\/p>\n\n\n\n
The matter was postponed to 8 August for the delivery of judgment on whether or not the court has jurisdiction to adjudicate over the matter.<\/p>\n","protected":false},"excerpt":{"rendered":"
Staff Reporter IN what could be termed the last kicks of a dying horse, the Namibia Economic Freedom Fighters (NEFF) have lodged an urgent application in the Electoral Court seeking an interdict against the Electoral Commission of Namibia’s decision to deregister it due to its non-submission of financial statements. The application, which comes just a …<\/p>\n","protected":false},"author":10,"featured_media":360515,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-360516","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news"],"yoast_head":"\n