ECN faces asset seizure over unpaid NEFF costs
The Windhoek High Court has issued a writ of execution against the Electoral Commission of Namibia (ECN) after it failed to settle the Namibia Economic Freedom Fighters’ (NEFF's) legal fees of over N$100 000.
This follows a controversial case won by the NEFF after the ECN deregistered it as a political party in June last year. Legal practitioner Kadhila Amoomo represented the NEFF.
The court's directive empowers the deputy sheriff to seize and auction ECN’s movable property at the Sanlam building in Windhoek to recover N$102 859.72.
The ruling stems from a decision by High Court judge Thomas Masuku, who found that the electoral commission violated its own regulations by deregistering NEFF without first granting it a hearing.
NEFF was deregistered for failing to submit audited financial statements for 2022/2023 and failing to publish abridged versions of its 2020/2021 and 2021/2022 audited statements in two widely circulating daily newspapers, as required by law.
Masuku ruled that while NEFF had not complied with ECN’s audit requirements, the commission should have either granted the party an opportunity to be heard or appointed auditors at its expense before opting for deregistration.
“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 at the time.
Steps not taken
Masuku said the commission seemed to have focused solely on the 21-day deadline for NEFF to file its audits, without considering other aspects of the law.
“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 said.
“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," the judge said.
“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.
NEFF party president Epafras Mukwiilongo obtained 3 978 votes in the 2024 November elections and one seat in the National Assembly.
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This follows a controversial case won by the NEFF after the ECN deregistered it as a political party in June last year. Legal practitioner Kadhila Amoomo represented the NEFF.
The court's directive empowers the deputy sheriff to seize and auction ECN’s movable property at the Sanlam building in Windhoek to recover N$102 859.72.
The ruling stems from a decision by High Court judge Thomas Masuku, who found that the electoral commission violated its own regulations by deregistering NEFF without first granting it a hearing.
NEFF was deregistered for failing to submit audited financial statements for 2022/2023 and failing to publish abridged versions of its 2020/2021 and 2021/2022 audited statements in two widely circulating daily newspapers, as required by law.
Masuku ruled that while NEFF had not complied with ECN’s audit requirements, the commission should have either granted the party an opportunity to be heard or appointed auditors at its expense before opting for deregistration.
“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 at the time.
Steps not taken
Masuku said the commission seemed to have focused solely on the 21-day deadline for NEFF to file its audits, without considering other aspects of the law.
“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 said.
“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," the judge said.
“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.
NEFF party president Epafras Mukwiilongo obtained 3 978 votes in the 2024 November elections and one seat in the National Assembly.
[email protected]
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