Shaningwa: LPM only interested in disruptions, not justice
Swapo secretary-general Sophia Shaningwa has criticised the Landless People’s Movement (LPM), accusing the party of causing confusion and attempting to disrupt the electoral process.
In her replying affidavit to the Electoral Court, Shaningwa highlighted inconsistencies in LPM’s approach to contesting the National Assembly election results. She noted that LPM has cited itself as both an applicant and a respondent in the matter, creating procedural anomalies.
Conundrum and procedural issues
According to Shaningwa, LPM’s simultaneous request to join its case with the Independent Patriots for Change (IPC) while citing the Attorney-General Festus Mbandeka as both the fourth and 27th respondent presents a "hair-raising" conundrum.
“If LPM is not granted a joinder as a second applicant, it cannot participate in IPC’s application without first seeking an extension of time to file a Notice to Oppose under Rule 19. This effectively bars LPM from participating,” she argued.
Shaningwa further contended that LPM's failure to file its case in a timely manner, coupled with its unclear alignment with IPC’s claims, demonstrates procedural flaws. “It is unclear whether LPM agrees or disagrees with IPC’s demands, further exposing the weaknesses in their arguments,” she added.
Shaningwa expressed concern over LPM’s request to file answering papers by 15:00 on 15 January 2025, while the matter is set to be heard in court at 10:00 on the same day. “This smacks of a litigant with no real intention to litigate in a manner that advances justice but rather one intent on spoiling the elections,” she remarked.
Independence of ECN
The Swapo leader also defended the Attorney-General’s involvement with the Electoral Commission of Namibia (ECN), emphasizing that while ECN is independent, it is still entitled to legal advice from the Attorney-General as part of government agencies.
Shaningwa concluded by reiterating Swapo's position that LPM's actions lack merit and undermine the integrity of the electoral process.
LPM's demands
LPM leader Bernadus Swartbooi claims that ECN and President Nangolo Mbumba unlawfully extended the voting period from the initial 27 November to 29 and 30 November.
Describing the extension as an “egregious abuse of power,” Swartbooi argues it disenfranchised voters and violated their constitutional rights. He further alleges that the extension disproportionately benefited pro-Swapo regions, breaching the principle of equality before the law, the Windhoke Observer reports.
“The conduct of the ECN and the President disenfranchised the electorate and robbed them of their constitutionally guaranteed right to vote,” Swartbooi stated in his affidavit.
He criticized the proclamation as lacking legal authority and being issued retroactively, in violation of Namibia’s Constitution and Electoral Act.
Swartbooi urged the court to either invalidate the election or exclude votes cast during the extended period. Alternatively, he proposed holding a new election conducted in accordance with the law.
In her replying affidavit to the Electoral Court, Shaningwa highlighted inconsistencies in LPM’s approach to contesting the National Assembly election results. She noted that LPM has cited itself as both an applicant and a respondent in the matter, creating procedural anomalies.
Conundrum and procedural issues
According to Shaningwa, LPM’s simultaneous request to join its case with the Independent Patriots for Change (IPC) while citing the Attorney-General Festus Mbandeka as both the fourth and 27th respondent presents a "hair-raising" conundrum.
“If LPM is not granted a joinder as a second applicant, it cannot participate in IPC’s application without first seeking an extension of time to file a Notice to Oppose under Rule 19. This effectively bars LPM from participating,” she argued.
Shaningwa further contended that LPM's failure to file its case in a timely manner, coupled with its unclear alignment with IPC’s claims, demonstrates procedural flaws. “It is unclear whether LPM agrees or disagrees with IPC’s demands, further exposing the weaknesses in their arguments,” she added.
Shaningwa expressed concern over LPM’s request to file answering papers by 15:00 on 15 January 2025, while the matter is set to be heard in court at 10:00 on the same day. “This smacks of a litigant with no real intention to litigate in a manner that advances justice but rather one intent on spoiling the elections,” she remarked.
Independence of ECN
The Swapo leader also defended the Attorney-General’s involvement with the Electoral Commission of Namibia (ECN), emphasizing that while ECN is independent, it is still entitled to legal advice from the Attorney-General as part of government agencies.
Shaningwa concluded by reiterating Swapo's position that LPM's actions lack merit and undermine the integrity of the electoral process.
LPM's demands
LPM leader Bernadus Swartbooi claims that ECN and President Nangolo Mbumba unlawfully extended the voting period from the initial 27 November to 29 and 30 November.
Describing the extension as an “egregious abuse of power,” Swartbooi argues it disenfranchised voters and violated their constitutional rights. He further alleges that the extension disproportionately benefited pro-Swapo regions, breaching the principle of equality before the law, the Windhoke Observer reports.
“The conduct of the ECN and the President disenfranchised the electorate and robbed them of their constitutionally guaranteed right to vote,” Swartbooi stated in his affidavit.
He criticized the proclamation as lacking legal authority and being issued retroactively, in violation of Namibia’s Constitution and Electoral Act.
Swartbooi urged the court to either invalidate the election or exclude votes cast during the extended period. Alternatively, he proposed holding a new election conducted in accordance with the law.
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