NEFF blames infancy for audit inexperience
ECN says electoral court lacks jurisdiction to hear the matter
The party has blamed its audit mess on its relative youth and the unsophistication of its leaders.
In a challenge to have its deregistration rescinded, the Namibia Economic Freedom Fighters (NEFF) said its membership and leadership are not highly sophisticated on electoral and audit matters because the party is still a crawling infant founded barely 10 years ago.
These were the sentiments expressed by deputy president Longinus Iipumbu in papers made public in the Electoral Court yesterday, where the party’s legal team is arguing to have its status restored.
The Electoral Commission of Namibia (ECN) deregistered NEFF in June, saying the party failed to lodge its audited financial statements for the period of 2022/2023 and failed to publish 2020/2021 and 2021/2022’s abridged versions of audited financial statements in two daily newspapers circulating throughout Namibia, as is required by law.
"The [NEFF] is still in its infancy stage when compared to other political parties such as Swapo and Swanu, which were established more than 60 years ago. Its [NEFF's] members are not highly sophisticated, nor is the leadership of the party," Iipumbu said.
However, legal commentators are of the view that the party is using its age to solicit sympathy from the court and to portray an image that its failure to submit its financials on time is a result of its relative inexperience.
The party - which, according to Iipumbu, has a following of 100 000 people - wants its deregistration reviewed and set aside by the Electoral Court. The ECN has argued that the Electoral Court does not have jurisdiction to hear the matter.
‘Not an electoral issue’
The electoral commission’s lawyer, Advocate Gerson Narib, argued that the application brought by NEFF cannot be heard in the Electoral Court because “the matter deals with deregistration [which] does not feature in the Act as an electoral issue”.
He stressed the need for a clear definition on what constitutes an election matter.
“To question whether the deregistration was unlawful does not raise an electoral issue when properly considered. This is a matter that can be heard by the High Court. This court does not have jurisdiction and competence to adjudicate this matter,” he argued.
NEFF’s lawyer Kadhila Amoomo opposed ECN’s stance, saying it is "unimaginable for the Electoral Court to say this is not an electoral matter".
"It should be easy for political players to approach the Electoral Court," he added.
“The electoral law should not be used to shut doors against applications of this nature. Our interpretation must always be one that gives meaning to the exercise of political rights instead of an interpretation that shuts the doors to litigants," Amoomo said.
Remains to be seen
Following last Friday’s Electoral Court judgment in which it dismissed the Independent Patriots for Change’s (IPC) application to have the court order the ECN to disclose a legal opinion it got from the attorney-general on dual candidacy, it remains to be seen whether the NEFF matter will be entertained.
In the IPC matter, the Electoral Court said it lacked jurisdiction to adjudicate the matter.
“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,” the judgment read.
‘Dirty tricks’
While the ECN’s top brass were in attendance to follow court proceedings, the NEFF’s leadership were running around to sort out immigration matters for their legal team from South Africa that was supposed to argue the case.
The legal team, which consists of Advocate Dali Mpofu and Advocate Lerato Moela, were denied one-day working permits by Namibia’s immigration authorities. This effectively meant that they could not attend court proceedings, having jetted into the country on Monday evening.
The party, in a press statement issued yesterday, accused immigration officials of deliberately failing to issue the work permits.
“NEFF rejects the dirty tricks of the Namibian government in denying NEFF the constitutional right to legal representation of our choice. The flimsy excuse given was that our advocates needed to provide proof of their academic qualifications. This is strange considering that the South African Legal Practice Council had issued certificates confirming the professional status of the NEFF legal representatives and the Chief Justice of Namibia issued them with permission to appear in the Electoral Court for the NEFF,” the party said.
It further questioned: “How could these esteemed offices recognise our lawyers’ credentials but not mere immigration officials? There is definitely something fishy with this story".
"Today, they use the excuse of academic qualifications, and tomorrow it will be asking for birth certificates or dental records. This is a clear demonstration that the ruling party is losing support at a fast pace, hence resorting to apartheid cheap apartheid tactics," the statement read.
The case is being heard by High Court judges Thomas Masuku, Hosea Angula and Beatrix De Jager who will deliver judgement on 8 August on whether the Electoral Court can hear the matter.
These were the sentiments expressed by deputy president Longinus Iipumbu in papers made public in the Electoral Court yesterday, where the party’s legal team is arguing to have its status restored.
The Electoral Commission of Namibia (ECN) deregistered NEFF in June, saying the party failed to lodge its audited financial statements for the period of 2022/2023 and failed to publish 2020/2021 and 2021/2022’s abridged versions of audited financial statements in two daily newspapers circulating throughout Namibia, as is required by law.
"The [NEFF] is still in its infancy stage when compared to other political parties such as Swapo and Swanu, which were established more than 60 years ago. Its [NEFF's] members are not highly sophisticated, nor is the leadership of the party," Iipumbu said.
However, legal commentators are of the view that the party is using its age to solicit sympathy from the court and to portray an image that its failure to submit its financials on time is a result of its relative inexperience.
The party - which, according to Iipumbu, has a following of 100 000 people - wants its deregistration reviewed and set aside by the Electoral Court. The ECN has argued that the Electoral Court does not have jurisdiction to hear the matter.
‘Not an electoral issue’
The electoral commission’s lawyer, Advocate Gerson Narib, argued that the application brought by NEFF cannot be heard in the Electoral Court because “the matter deals with deregistration [which] does not feature in the Act as an electoral issue”.
He stressed the need for a clear definition on what constitutes an election matter.
“To question whether the deregistration was unlawful does not raise an electoral issue when properly considered. This is a matter that can be heard by the High Court. This court does not have jurisdiction and competence to adjudicate this matter,” he argued.
NEFF’s lawyer Kadhila Amoomo opposed ECN’s stance, saying it is "unimaginable for the Electoral Court to say this is not an electoral matter".
"It should be easy for political players to approach the Electoral Court," he added.
“The electoral law should not be used to shut doors against applications of this nature. Our interpretation must always be one that gives meaning to the exercise of political rights instead of an interpretation that shuts the doors to litigants," Amoomo said.
Remains to be seen
Following last Friday’s Electoral Court judgment in which it dismissed the Independent Patriots for Change’s (IPC) application to have the court order the ECN to disclose a legal opinion it got from the attorney-general on dual candidacy, it remains to be seen whether the NEFF matter will be entertained.
In the IPC matter, the Electoral Court said it lacked jurisdiction to adjudicate the matter.
“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,” the judgment read.
‘Dirty tricks’
While the ECN’s top brass were in attendance to follow court proceedings, the NEFF’s leadership were running around to sort out immigration matters for their legal team from South Africa that was supposed to argue the case.
The legal team, which consists of Advocate Dali Mpofu and Advocate Lerato Moela, were denied one-day working permits by Namibia’s immigration authorities. This effectively meant that they could not attend court proceedings, having jetted into the country on Monday evening.
The party, in a press statement issued yesterday, accused immigration officials of deliberately failing to issue the work permits.
“NEFF rejects the dirty tricks of the Namibian government in denying NEFF the constitutional right to legal representation of our choice. The flimsy excuse given was that our advocates needed to provide proof of their academic qualifications. This is strange considering that the South African Legal Practice Council had issued certificates confirming the professional status of the NEFF legal representatives and the Chief Justice of Namibia issued them with permission to appear in the Electoral Court for the NEFF,” the party said.
It further questioned: “How could these esteemed offices recognise our lawyers’ credentials but not mere immigration officials? There is definitely something fishy with this story".
"Today, they use the excuse of academic qualifications, and tomorrow it will be asking for birth certificates or dental records. This is a clear demonstration that the ruling party is losing support at a fast pace, hence resorting to apartheid cheap apartheid tactics," the statement read.
The case is being heard by High Court judges Thomas Masuku, Hosea Angula and Beatrix De Jager who will deliver judgement on 8 August on whether the Electoral Court can hear the matter.
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