ECN failed to grant NEFF audience before pulling the plug – court
In setting aside a decision to deregister the Namibia Economic Freedom Fighters (NEFF), Windhoek High Court judge Thomas Masuku has ruled that the Electoral Commission of Namibian (ECN) broke one of its own rules, which is to first grant defaulting parties an opportunity for a hearing before deregistering them.
NEFF was deregistered in June for failing to lodge its audited financial statements for the period of 2022/2023 and failing 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.
Apart from not granting NEFF an opportunity to answer to why it should not be deregistered, Judge Masuku also found that ECN did not exhaust the option of appointing auditors itself, who should be paid for by the defaulting party.
The court found that, while NEFF was not compliant with ECN’s audit requirements, the electoral body should still have exhausted the avenues of granting the party an audience or appointing an auditor on its behalf before going the route of deregistration.
Short end of the stick
“It does not seem to me that [ECN] invoked this provision at all in relation to the failures and non-compliance of [NEFF] regarding this provision,” the judge said, adding that ECN adopted a ‘carrot approach’ in the matter.
Masuku said ECN seems to have only stuck to its 21-day deadline within which NEFF was expected to file its audits, without considering other aspects.
“It is important to mention that over and above the 21-day period mentioned in Section 139 (4) [of the Electoral Act], the provisions of Section 152 further require that the offending party be given a hearing before the cancellation of the registration,” the judge explained.
“First, the errant party must be given notice to comply within a period of 21 days. If it fails to do so, the errant party should then be informed that [ECN] contemplates deregistering [it] for non-compliance. The political party should then show cause why the deregistration should not be invoked.”
“I incline to the view that NEFF was given the short end of the stick. This was so regardless of the requirement of a hearing [being] afforded them. They were clearly denied the benefit of this renowned principle,” Masuku pointed out.
Can NEFF get its groove back?
The ruling means NEFF can now be regarded as a validly-registered party, which can participate in the elections in November. It also means its two members of parliament, its leader Epafras Mukwiilongo and his deputy Kalimbo Iipumbo, can return to the National Assembly after they were removed as a result of the party’s deregistration.
NEFF yesterday slammed ECN for its decision, saying it derailed the party’s campaign momentum.
Political analyst Rui Tyitende opined that he is not convinced that the deregistration had any adverse effects on the party, which he said did not attract many supporters even before this incident.
According to him, the main attraction at NEFF was activist Michael Amushelelo, who left to join the Landless People’s Movement (LPM) right after the news of the deregistration broke.
“NEFF only came to prominence in the minds of Namibians after the protests by Amushelelo. NEFF is not an organised party, [it has] no structure. It is a personal fiefdom,” the University of Namibia academic said.
Amushelelo yesterday wished his former party the best, but said there is nothing left for him in NEFF. “I remain a proud member of LPM,” he said.
ECN said it has taken note of the judgment and is studying its content.
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NEFF was deregistered in June for failing to lodge its audited financial statements for the period of 2022/2023 and failing 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.
Apart from not granting NEFF an opportunity to answer to why it should not be deregistered, Judge Masuku also found that ECN did not exhaust the option of appointing auditors itself, who should be paid for by the defaulting party.
The court found that, while NEFF was not compliant with ECN’s audit requirements, the electoral body should still have exhausted the avenues of granting the party an audience or appointing an auditor on its behalf before going the route of deregistration.
Short end of the stick
“It does not seem to me that [ECN] invoked this provision at all in relation to the failures and non-compliance of [NEFF] regarding this provision,” the judge said, adding that ECN adopted a ‘carrot approach’ in the matter.
Masuku said ECN seems to have only stuck to its 21-day deadline within which NEFF was expected to file its audits, without considering other aspects.
“It is important to mention that over and above the 21-day period mentioned in Section 139 (4) [of the Electoral Act], the provisions of Section 152 further require that the offending party be given a hearing before the cancellation of the registration,” the judge explained.
“First, the errant party must be given notice to comply within a period of 21 days. If it fails to do so, the errant party should then be informed that [ECN] contemplates deregistering [it] for non-compliance. The political party should then show cause why the deregistration should not be invoked.”
“I incline to the view that NEFF was given the short end of the stick. This was so regardless of the requirement of a hearing [being] afforded them. They were clearly denied the benefit of this renowned principle,” Masuku pointed out.
Can NEFF get its groove back?
The ruling means NEFF can now be regarded as a validly-registered party, which can participate in the elections in November. It also means its two members of parliament, its leader Epafras Mukwiilongo and his deputy Kalimbo Iipumbo, can return to the National Assembly after they were removed as a result of the party’s deregistration.
NEFF yesterday slammed ECN for its decision, saying it derailed the party’s campaign momentum.
Political analyst Rui Tyitende opined that he is not convinced that the deregistration had any adverse effects on the party, which he said did not attract many supporters even before this incident.
According to him, the main attraction at NEFF was activist Michael Amushelelo, who left to join the Landless People’s Movement (LPM) right after the news of the deregistration broke.
“NEFF only came to prominence in the minds of Namibians after the protests by Amushelelo. NEFF is not an organised party, [it has] no structure. It is a personal fiefdom,” the University of Namibia academic said.
Amushelelo yesterday wished his former party the best, but said there is nothing left for him in NEFF. “I remain a proud member of LPM,” he said.
ECN said it has taken note of the judgment and is studying its content.
- [email protected]
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