Electoral court: The jurisdiction debate
Two cases dismissed
Political actors have been left in limbo as to which matters they can take to the electoral court.
The country’s electoral court has been inundated with challenges that have been found not to fall under the category of “electoral matters," a situation that has sparked public debate on the types of applications that can be adjudicated by the specialised court.
During the last two months, the electoral court dismissed two separate applications filed against the Electoral Commission of Namibia (ECN) by the Independent Patriots for Change (IPC) and the Namibia Economic Freedom Fighters (NEFF), respectively.
In the first application, the IPC asked the court to order the ECN to make a legal opinion available on the legality of dual election candidates – when a candidate in a presidential election is also a candidate in a National Assembly election in Namibia.
In NEFF’s case, following its deregistration by the ECN for allegedly failing to submit audited financial records and publish them in local newspapers, the party dragged the electoral management body to the electoral court.
Both the IPC and NEFF cases were dismissed because the electoral court lacked jurisdiction to adjudicate the matters.
NEFF has since approached the Windhoek High Court in hopes to compel the ECN to reverse its decision. The Speaker of the National Assembly, Peter Katjavivi, is the second respondent in the matter.
The court maintains that, as per the law, all matters arising before polling day in an election must be adjudicated by an electoral tribunal, while all the decisions of the tribunal should then be heard by the electoral court.
Background
The electoral court is a specialist court established by the Electoral Commission Act to adjudicate electoral disputes and oversee the decisions of the Electoral Commission of Namibia.
The court adjudicates appeals against decisions of the ECN concerning the application of electoral law, registration of parties, and eligibility of candidates. It also adjudicates electoral disputes on the counting of votes and breaches of the electoral code of conduct.
The court operates on an ad hoc basis and is activated when an electoral dispute is filed.
Because the court is of equal status to the High Court, its judgments are appealed to the Supreme Court.
During the last two months, the electoral court dismissed two separate applications filed against the Electoral Commission of Namibia (ECN) by the Independent Patriots for Change (IPC) and the Namibia Economic Freedom Fighters (NEFF), respectively.
In the first application, the IPC asked the court to order the ECN to make a legal opinion available on the legality of dual election candidates – when a candidate in a presidential election is also a candidate in a National Assembly election in Namibia.
In NEFF’s case, following its deregistration by the ECN for allegedly failing to submit audited financial records and publish them in local newspapers, the party dragged the electoral management body to the electoral court.
Both the IPC and NEFF cases were dismissed because the electoral court lacked jurisdiction to adjudicate the matters.
NEFF has since approached the Windhoek High Court in hopes to compel the ECN to reverse its decision. The Speaker of the National Assembly, Peter Katjavivi, is the second respondent in the matter.
The court maintains that, as per the law, all matters arising before polling day in an election must be adjudicated by an electoral tribunal, while all the decisions of the tribunal should then be heard by the electoral court.
Background
The electoral court is a specialist court established by the Electoral Commission Act to adjudicate electoral disputes and oversee the decisions of the Electoral Commission of Namibia.
The court adjudicates appeals against decisions of the ECN concerning the application of electoral law, registration of parties, and eligibility of candidates. It also adjudicates electoral disputes on the counting of votes and breaches of the electoral code of conduct.
The court operates on an ad hoc basis and is activated when an electoral dispute is filed.
Because the court is of equal status to the High Court, its judgments are appealed to the Supreme Court.
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