Upholding electoral integrity and the role of ECN

Elections are a cornerstone of constitutional democracies worldwide. Without elections, democracy loses its essence. Namibia is no exception; regular elections have been a key feature of its democracy since the advent of constitutional governance. Through voting, citizens exercise their sovereign power, directly deciding who will represent them and exercise public authority on their behalf. Article 1(2) of the Namibian Constitution underscores this principle, stating:"All power shall vest in the people of Namibia, who shall exercise their sovereignty through the democratic institutions of the State."The right to vote holds particular significance in Namibia and across Africa, given the continent's history of colonialism, systemic disenfranchisement, and liberation struggles. These movements aimed to achieve fundamental equality, encapsulated in the principle of “one person, one vote.” The Namibian Supreme Court, in the case of Rally for Democracy and Progress & Others v The Electoral Commission of Namibia & Others, acknowledged this legacy, emphasizing: "Democracy in this country was attained through great sacrifice and suffering. The price cannot be measured in currency, and we cannot allow it to be surrendered or compromised."The Constitution of Namibia, adopted in 1990, entrenches the right to vote for all citizens over 18 years of age. It also guarantees freedom of association within political party settings. As the Supreme Court has noted, democracy's legitimacy depends on free, fair, and regular elections conducted transparently:"It is by secret ballot in elections otherwise transparently and accountably conducted that the socio-political will of enfranchised citizens is transformed into representative government: a ‘government of the people, by the people, for the people.’"Electoral integrity and its challengesCredible, free, and fair elections are vital for successful democracies. However, the quality of elections matters more than their frequency. Compromised elections—plagued by fraud, malpractice, or bias—deny citizens their right to self-governance, erode accountability, and undermine democracy and development.The Global Commission on Elections, Democracy, and Security defines electoral integrity as: "Any election based on democratic principles of universal suffrage and political equality, conducted professionally, impartially, and transparently throughout the electoral cycle."Yet, elections often fall short. Common issues include unlevel playing fields, voter intimidation, media bias, vote-buying, and outright fraud. Rigging may begin as early as the delimitation process, where constituency boundaries are manipulated for political advantage, or during voter registration, where rolls may be inflated with “ghost voters.” Other factors enabling fraud include: violence and intimidation, media bias, especially by state-run outlets, vote-buying through gifts or bribes, misuse of state resources for ruling party campaigns. Others are partisan or incompetent electoral management bodies (EMBs), and weak mechanisms for resolving electoral disputes.Strengthening electoral integrityTo prevent electoral fraud and uphold integrity, Namibia must address systemic weaknesses. The African Charter on Democracy, Elections, and Governance and the SADC Principles on Democratic Elections provide benchmarks for fair practices. Independent election observers, both domestic and international, play a critical role. However, loyalty to incumbent parties, as seen during Namibia's 2024 elections, undermines this function.Civil society and civic education are essential for ensuring accountability. Citizens must engage actively with the electoral process, from monitoring voter registration to scrutinizing the performance of the Electoral Commission of Namibia (ECN).Independence of the ECNThe ECN’s independence is critical for its credibility. Article 94B(3) of the Constitution outlines the Commission’s role but does not define independence. Independence should imply freedom from external influence and adherence only to constitutional and legal provisions.The ECN must demonstrate actual and perceived independence to build public trust. This includes transparency in its operations, impartiality in decision-making, and the exclusion of political influence in key appointments. Recent instances of alleged partiality—such as secret meetings between ECN officials and ruling party representatives—undermine public confidence.Transparency and procurementTransparency ensures accountability. The ECN must consult stakeholders regularly and operate openly. Transparency, combined with impartiality, reinforces public confidence in electoral outcomes.Electoral procurement is another critical area. In Kenya's 2013 elections, for example, a political party's involvement in supplying voter registration servers raised questions about the process's integrity. Similar concerns arose during Namibia's 2024 elections, where procurement processes lacked transparency, undermining the technology’s effectiveness in ensuring fair outcomes.ConclusionDemocracy requires hard work from governments, citizens, and international partners. Ensuring electoral integrity is fundamental to safeguarding democracy. Civil society must remain vigilant, engaging closely with the electoral process to prevent fraud and irregularities. Namibia, like other African nations, must strive to showcase electoral best practices to the world.* Paul Thomas is human rights and legal activist.

Upholding electoral integrity and the role of ECN

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Namibian Sun 2025-04-04

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Upholding electoral integrity and the role of ECN

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Namibian Sun 2025-04-04

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