EDITORIAL: Probing the dual candidacy issue
Friday's High Court ruling, in which the Independent Patriots for Change’s dual candidacy case was struck from the roll because “it is not an electoral issue”, caught many by surprise.
Judge Hannelie Prinsloo’s finding that the electoral court lacks jurisdiction to adjudicate the application brings into question the types of matters that can be classified as electoral matters and the framework around them.
Going forward, the electoral law must be amended to clearly define electoral matters in order to avoid ambiguities.
The concept of dual candidacy should be probed in order to find a lasting solution that works in the interest of the nation.
The legal opinion by the attorney general on this matter, which the Electoral Commission of Namibia (ECN) refuses to disclose, will provide direction on how to proceed.
While some feel prohibiting candidates from contesting for both presidential and National Assembly elections would eliminate chance takers, it will also prohibit eligible Namibians to exercise their democratic right to contest to lead the country.
The ECN must not retreat into hibernation following Friday’s court victory. It must now work internally to clear the air on this matter.
Friday’s outcome was merely on jurisdiction. It will be interesting to see how things will play out if the merits of a case of this nature are to be argued in court.
Judge Hannelie Prinsloo’s finding that the electoral court lacks jurisdiction to adjudicate the application brings into question the types of matters that can be classified as electoral matters and the framework around them.
Going forward, the electoral law must be amended to clearly define electoral matters in order to avoid ambiguities.
The concept of dual candidacy should be probed in order to find a lasting solution that works in the interest of the nation.
The legal opinion by the attorney general on this matter, which the Electoral Commission of Namibia (ECN) refuses to disclose, will provide direction on how to proceed.
While some feel prohibiting candidates from contesting for both presidential and National Assembly elections would eliminate chance takers, it will also prohibit eligible Namibians to exercise their democratic right to contest to lead the country.
The ECN must not retreat into hibernation following Friday’s court victory. It must now work internally to clear the air on this matter.
Friday’s outcome was merely on jurisdiction. It will be interesting to see how things will play out if the merits of a case of this nature are to be argued in court.
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Namibian Sun
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