Swapo lawyers want N$400 000 from Shipwikineni in 10 days
Party dissident says bill is intimidation tactic
The demand emanates from Monday's court judgment, which ordered that Shipwikineni shoulder the legal bill of his opponents.
Lawyers who represented Swapo in an urgent Windhoek High Court application on Monday, and in whose favour a cost order was made, have moved swiftly to invoice the applicant in the matter, Reinhold Shipwikineni, for N$400 000 – demanding full payment within 10 days.
Shipwikineni is part of five Swapo members who have dragged the party to court for its failure to hold an extraordinary congress within 90 days after party president Hage Geingob died in February.
The group, which also includes Petrus Ndeshipanda Shituula, Joshua Vaino Martins, Erich Chrismann Shivute and Aina Kalimba Angula, is alleging that party vice-president Netumbo Nandi-Ndaitwah was irregularly nominated as Swapo's presidential candidate.
Swapo has countered this argument, saying it has ‘called’ an extraordinary congress for April 2025. It argues that ‘calling’ this convention, as stated in its constitution, did not imply that the event itself must happen within the stated period of three months.
Although the five members are collectively suing Swapo, Shipwikineni – the perceived ringleader – is being pursued to settle the N$400 000 bill.
‘Discount’
In a letter obtained by Namibian Sun, lawyer Gilroy Kasper - who represented Swapo alongside Sisa Namandje during Monday’s urgent application - informed Titus Ipumbu, the applicants' lawyer, that they were preparing a bill of costs to execute the court's order against Shipwikineni.
It stated that Swapo’s legal fees, including those for instructed counsel, were estimated at N$490 000. However, a reduced settlement of N$400 000 was proposed, with a 10-day payment deadline.
"We propose that your client tenders to pay a reduced amount of N$400 000 within the next 10 days, failing which we will finalise the bill of costs and immediately execute [it] against your client’s properties. All our client’s rights remain fully reserved. The proposal is made in an attempt to amicably resolve the issue of costs,” the letter read.
Speaking to Namibian Sun yesterday, Shipwikineni said he had yet to receive the letter.
“Be that as it may, it’s unreasonable for a lawyer who was in court for only one hour to demand N$400 000 in legal costs. This is merely an intimidation tactic against those who seek justice by demanding that Swapo uphold its own constitution,” he said.
“I also want to correct the impression that has been created that the respondents have won the case. The case was not dismissed, it was simply struck from the roll, due to our lawyer’s failure to comply with the rules of the court. The merits were never argued. Our main case, with Richard Metcalfe, is still very much alive. This was just an urgent application to expedite the main case.”
Procedural issues
On Monday, Namandje argued that the application was frivolous and requested its dismissal on procedural grounds. Ipumbu asked the court for more time to address procedural issues, explaining that Swapo had only submitted its response late on Sunday night.
However, Namandje opposed the extension, highlighting that the urgent application was filed while Swapo officials were campaigning in Mariental, forcing him and Kasper to drive back through the night to file their affidavit.
Judge Claudia Rakow ruled against the applicants, stating that Ipumbu, having initiated the application, had set the date for the hearing. She found that the application had not been properly brought before the court and struck it from the roll, ordering the applicants to cover the legal costs.
The case was brought against Nandi-Ndaitwah, Prime Minister Saara Kuugongelwa-Amadhila, Swapo Youth League secretary Efraim Nekongo and Electoral Commission of Namibia chairperson Elsie Nghikembua.
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Shipwikineni is part of five Swapo members who have dragged the party to court for its failure to hold an extraordinary congress within 90 days after party president Hage Geingob died in February.
The group, which also includes Petrus Ndeshipanda Shituula, Joshua Vaino Martins, Erich Chrismann Shivute and Aina Kalimba Angula, is alleging that party vice-president Netumbo Nandi-Ndaitwah was irregularly nominated as Swapo's presidential candidate.
Swapo has countered this argument, saying it has ‘called’ an extraordinary congress for April 2025. It argues that ‘calling’ this convention, as stated in its constitution, did not imply that the event itself must happen within the stated period of three months.
Although the five members are collectively suing Swapo, Shipwikineni – the perceived ringleader – is being pursued to settle the N$400 000 bill.
‘Discount’
In a letter obtained by Namibian Sun, lawyer Gilroy Kasper - who represented Swapo alongside Sisa Namandje during Monday’s urgent application - informed Titus Ipumbu, the applicants' lawyer, that they were preparing a bill of costs to execute the court's order against Shipwikineni.
It stated that Swapo’s legal fees, including those for instructed counsel, were estimated at N$490 000. However, a reduced settlement of N$400 000 was proposed, with a 10-day payment deadline.
"We propose that your client tenders to pay a reduced amount of N$400 000 within the next 10 days, failing which we will finalise the bill of costs and immediately execute [it] against your client’s properties. All our client’s rights remain fully reserved. The proposal is made in an attempt to amicably resolve the issue of costs,” the letter read.
Speaking to Namibian Sun yesterday, Shipwikineni said he had yet to receive the letter.
“Be that as it may, it’s unreasonable for a lawyer who was in court for only one hour to demand N$400 000 in legal costs. This is merely an intimidation tactic against those who seek justice by demanding that Swapo uphold its own constitution,” he said.
“I also want to correct the impression that has been created that the respondents have won the case. The case was not dismissed, it was simply struck from the roll, due to our lawyer’s failure to comply with the rules of the court. The merits were never argued. Our main case, with Richard Metcalfe, is still very much alive. This was just an urgent application to expedite the main case.”
Procedural issues
On Monday, Namandje argued that the application was frivolous and requested its dismissal on procedural grounds. Ipumbu asked the court for more time to address procedural issues, explaining that Swapo had only submitted its response late on Sunday night.
However, Namandje opposed the extension, highlighting that the urgent application was filed while Swapo officials were campaigning in Mariental, forcing him and Kasper to drive back through the night to file their affidavit.
Judge Claudia Rakow ruled against the applicants, stating that Ipumbu, having initiated the application, had set the date for the hearing. She found that the application had not been properly brought before the court and struck it from the roll, ordering the applicants to cover the legal costs.
The case was brought against Nandi-Ndaitwah, Prime Minister Saara Kuugongelwa-Amadhila, Swapo Youth League secretary Efraim Nekongo and Electoral Commission of Namibia chairperson Elsie Nghikembua.
[email protected]
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