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'Flawed' electoral law creating joblessness for elected MPs

Nikanor Nangolo
National Unity Democratic Organisation (Nudo) secretary general Josef Kauandenge has expressed concerns over the amendment to the Electoral Act of 2024, which he says has led to significant hardships, particularly for civil servants who have been voted as members of parliament and now facing a four-month pay gap because of forced resignations.



The law, which requires nominees to resign immediately after election results have confirmed their election to parliament, has prompted many civil servants to refuse to comply. They argue that election outcomes remain uncertain until disputes are resolved in court.



Secretary to Cabinet George Simaata issued a directive dated 16 January, instructing all executive directors and chief regional officers to enforce compliance with the amended law. This included ordering civil servants who secured parliamentary seats but failed to resign as required to repay salaries earned since December.



Some elected officials, particularly members of the Independent Patriots for Change (IPC), have defended their decision to stay in government roles. IPC spokesperson Immanuel Nashinge, an employee of the ministry of information, and Ohangwena-based schoolteacher Abed ‘Bishop’ Hishoono said they returned to work because their party is challenging the legitimacy of the election in court.



Nashinge explained that resigning was pointless while the election results were under judicial review. Hishoono echoed this sentiment, questioning the Electoral Act’s lack of provisions for disputed results.



Kauandenge, who tabled a motion last year to address the challenges faced by civil servants, noted that the amendment had created additional problems. He argued that civil servants should only be required to resign a month before being sworn into parliament, providing them with job security. However, his proposals were overridden by Swapo’s majority in parliament, he claims.



According to Kauandenge, the amendment leaves civil servants elected to parliament unemployed for months before parliamentary salaries are processed in March after they have been sworn in. “This amendment has caused hardship, particularly for civil servants. Some resigned as early as December and now face months without income. I warned against this, but my concerns were ignored,” he told Namibian Sun.



While some Swapo members, including Dr Elijah Ngurare, Willem Amutenya, and Sharonice Busch, have complied with the law by resigning from their positions, Ngurare and Amutenya criticized the fact that other have been allowed to continue working.



Political analyst Ndumba Kamwanya acknowledged the intent of the law to prevent conflicts of interest and ensure public servants don’t hold dual roles. However, he questioned its fairness in disputed elections. Kamwanya suggested that the government consider a temporary leave system, allowing elected officials to retain their positions until disputes are resolved.

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Namibian Sun 2025-01-20

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