Court throws out RDP case
The Rally for Democracy and Progress’ (RDP) faction issues reached boiling point in the electoral court in Windhoek yesterday, but the application was short-lived before it was thrown out.
One of the factions - which includes Kandy Nehova, Ismael Frans, John Nghishekwa and Asser Sheuyange - failed in its bid to get an interdict against four members of the party's other faction based on alleged irregularities in the 2019 election.
The application was thrown out after judges Nate Ndauendapo, Kobus Miller and George Coleman found that the electoral court did not have the jurisdiction to hear the case.
The urgent application was made against Mike Kavekotora, Kennedy Shekupakela, Nicanor Ndjoze and Cecil Nguvauva in an attempt to block their access to the party's bank account and to further prohibit them from hosting any conferences or meetings regarding nominations for candidates for the upcoming presidential and national elections.
The party claimed in its court documents that it wants to prevent unsanctioned meetings from taking place.
Nehova also said in his statement that they found out this month that the other faction is allegedly using RDP to hold illegal and unsanctioned conventions that are believed to be in conflict with the party's constitution.
Unsanctioned
According to Nehova, Kavekotora submitted an unsanctioned list of candidates for the November 2019 presidential and national elections in the party’s name. He was also a member of parliament for RDP.
Shekupakela occupies another of RDP’s parliamentary seats.
Ndjoze was included in the application because he was said to have presented himself as the authorised representative of the party.
Nguvauva has been implicated as the person who allegedly led an unsuccessful national convention in June 2019.
Jurisdiction
When parties appeared in the electoral court in Windhoek yesterday, the issue of jurisdiction had to be clarified first before the case could proceed.
Kavekotora, Shekupakela, Ndjoze and Nguvauva's legal representative Marius Boonzaier argued that RDP is abusing processes and that the electoral court does not have the jurisdiction to deal with the case.
"There is nothing related to the electoral law in this case. This court cannot get involved in internal issues of parties," he argued, adding that the case should have been brought to the High Court instead.
On behalf of the party, secretary of legal and constitutional affairs Amanda Titus argued that the electoral court is a branch of the High Court and can therefore exercise the same powers. "The court cannot remain blind to the irregularities. The applicants and its members are suffering and believe that their constitutional rights have been violated since 2019. This matter is not just internal fighting, it is much bigger than that. It pertains to public interest,” she argued.
One of the factions - which includes Kandy Nehova, Ismael Frans, John Nghishekwa and Asser Sheuyange - failed in its bid to get an interdict against four members of the party's other faction based on alleged irregularities in the 2019 election.
The application was thrown out after judges Nate Ndauendapo, Kobus Miller and George Coleman found that the electoral court did not have the jurisdiction to hear the case.
The urgent application was made against Mike Kavekotora, Kennedy Shekupakela, Nicanor Ndjoze and Cecil Nguvauva in an attempt to block their access to the party's bank account and to further prohibit them from hosting any conferences or meetings regarding nominations for candidates for the upcoming presidential and national elections.
The party claimed in its court documents that it wants to prevent unsanctioned meetings from taking place.
Nehova also said in his statement that they found out this month that the other faction is allegedly using RDP to hold illegal and unsanctioned conventions that are believed to be in conflict with the party's constitution.
Unsanctioned
According to Nehova, Kavekotora submitted an unsanctioned list of candidates for the November 2019 presidential and national elections in the party’s name. He was also a member of parliament for RDP.
Shekupakela occupies another of RDP’s parliamentary seats.
Ndjoze was included in the application because he was said to have presented himself as the authorised representative of the party.
Nguvauva has been implicated as the person who allegedly led an unsuccessful national convention in June 2019.
Jurisdiction
When parties appeared in the electoral court in Windhoek yesterday, the issue of jurisdiction had to be clarified first before the case could proceed.
Kavekotora, Shekupakela, Ndjoze and Nguvauva's legal representative Marius Boonzaier argued that RDP is abusing processes and that the electoral court does not have the jurisdiction to deal with the case.
"There is nothing related to the electoral law in this case. This court cannot get involved in internal issues of parties," he argued, adding that the case should have been brought to the High Court instead.
On behalf of the party, secretary of legal and constitutional affairs Amanda Titus argued that the electoral court is a branch of the High Court and can therefore exercise the same powers. "The court cannot remain blind to the irregularities. The applicants and its members are suffering and believe that their constitutional rights have been violated since 2019. This matter is not just internal fighting, it is much bigger than that. It pertains to public interest,” she argued.
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