‘Unlawful, illegal and invalid’

FESTUS NAKATANA

Following ten months of continued petitioning, disgruntled Swapo members have now approached the High Court to seek to have last year’s elective congress declared unconstitutional, unlawful or invalid.

The group also want the results of the top four and central committee elections set aside.

The court battle comes nearly a year after an unprecedented bruising campaign and congress, which saw President Hage Geingob and his slate under the Team Harambee banner contesting against a faction, which called itself Team Swapo.

Geingob and his slate were unanimously elected for the top four positions, scoring landslide victories.

Team Harambee followers also dominated the central committee election and subsequent election of the Politburo after the congress.

Geingob won the presidency ahead of former youth minister Jerry Ekandjo and former prime minister Nahas Angula, while former home affairs minister Pendukeni Iivula-Ithana lost out on the party vice-presidency to deputy prime minister Netumbo Nandi-Ndaitwah.

Shaningwa was elected SG ahead of the youthful Oshikoto Swapo regional coordinator Armas Amukwiyu, while party veteran Marco Hausiku was voted deputy secretary-general.

Hausiku contested against former health deputy minister Petrina Haingura and businesswoman Martha Namundjebo-Tilahun.

However, according to court papers, the congress and CC elections were allegedly fundamentally flawed and unlawful.

“Fundamentally, the composition of the congress was unlawful and in breach of the constitution. Accordingly, the election that took place at the congress was materially in breach of rule 72 of the election rules, which states that one of the cardinal principles of the first respondent (Swapo) is to ensure free and fair elections at all its structures,” the applicants claimed.

These claims are made by Swapo members Mirjam Shituula and Selma Megameno Namboga.

The two are also acting on behalf of Nambata Angula, who is an executive member of the party’s Windhoek East district, and suspended Kalkrand village council CEO Seth Boois, who are not named as applicants on the court documents.

The two respondents are Swapo Party and Shaningwa.

The four had earlier in the year petitioned Shaningwa by demanding an independent audit into the outcome of the party’s sixth elective congress held last November.

Shaningwa had responded that the central committee would consider the petition.

However, the group argued that it is in fact the composition of the current central committee that was being disputed and therefore it cannot decide on the matter.

It suggested that the central committee elected in 2012 deal with the issue. There were also subsequent letter which failed to resolve the issue, leading to the urgent court application following Shaningwa’s announcement this week of the dates of the extraordinary congress, which will take place from 30 November to 1 December.

In their founding affidavit, the group claimed material irregularities were unearthed during the 2017 congress, which included at least eight regional governors unlawfully participating, as well as four SPYL delegates being allowed to stand for the central committee when they were no longer eligible to bemembers of the youth wing as they were over 35, while governors are ex officio members of the regional executive committees.

The four included justice minister Sacky Shanghala, deputy minister of trade Lucia Ipumbu, National Youth Council executive chairman Mandela Kapere and youth leader Paula Kooper.

The group also claimed in court papers that over 50 constituency councillors from 13 regions but Otjozondjupa allegedly attended and participated in the congress. The group claim these councillors were ex officio members of the district executive committees and should not have participated in the congress. It is further alleged that Swapo wings such as the Swapo Party Elders Council, the National Union of Namibian Workers, Swapo Party Women Council and the SPYL unlawfully delegated representatives from regional conferences to take part in the congress.

In their affidavit, the applicants claim several irregularities were also unearthed during regional conferences before the congress, resulting in the replacement of some delegates by handpicked ones. They particularly highlighted the participation of Rundu mayor Verna Sinimbo in the congress who was “impermissibly delegated by the Rundu Rural District when, in fact she belongs to the Rundu Urban District”.

Sinimbo was subsequently elected to the central committee. At least 11 current central committee members were not eligible for election at the congress, the applicants further alleged.

“In summary, the composition of the congress can fairly be said to be the bedrock of Namibia’s existence and functioning as a democracy. Accordingly, if it is composed unlawfully, as I respectfully contend the congress was, then the harm to the country, its democratic institutions and all its people is pervasive and lasting. This harm is moreover persistent and ongoing. There is an inherent urgency that harm of this nature be rectified by this court.”

Swapo’s lawyers have five days to indicate whether they will oppose the application. If no notice of intent to oppose is given, the urgent application will be heard on 27 November.