Swapo ordered to respond to congress dissidents by 30 August

Swapo and its presidential candidate Netumbo Nandi-Ndaitwah have until 30 August to file answering affidavits in response to an application brought by party members challenging the central committee's decision not to hold an extraordinary congress within 90 days of late president Hage Geingob's death in February.

This deadline is detailed in papers filed on the Windhoek High Court online portal on Friday.

“Having heard Mr Metcalfe, counsel for the applicants, and Mr Kasper, counsel for the respondents, and having read the application and other documents filed of record, it is ordered that the first and second respondents [Swapo and Nandi-Ndaitwah, respectively] shall file their answering affidavit and counter application on or before 30 August 2024,” the court instructed.

“The applicants shall file their replying affidavit and answering affidavit to the [Swapo] and [Nandi-Ndaitwah’s] counter applications on or before 20 September 2024,” the court added.

Swapo members Reinhold 'Iita Nayitsikile' Shipwikineni, Petrus Shituula, Joshua Martins, Erich Shivute and Aina Angula have filed an application challenging the Swapo central committee’s decision to postpone the extraordinary congress to April 2025 instead of holding it within the 90 days stipulated in the party constitution. The five applicants are represented by lawyer Richard Metcalfe.

Swapo constitution

Article 15 (9) of the party’s constitution requires that, in circumstances such as the death of the party head, the central committee – the highest decision-making body between congresses – must call an elective extraordinary congress within three months. But some in the party did not want to take the chance to lay the groundwork for surprise candidates who may have emerged and won against Nandi-Ndaitwah.

The central committee therefore decided that the extraordinary congress will only take place in April 2025, a decision the applicants argue violates the party constitution.

During the central committee meeting in March, former Swapo secretary-general Pendukeni Iivula-Ithana moved that the central committee resolve to back Nandi-Ndaitwah as the sole candidate for the party presidency, which she urged must be endorsed by an extraordinary congress.

In her view, this would have ensured that Nandi-Ndaitwah would not face competition at the congress, allowing her to sail through legitimate processes to become the unchallenged Swapo presidential candidate.

Appeal to ECN

Meanwhile, on Friday, the five Swapo members who are challenging the party in court wrote a letter to the Electoral Commission of Namibia (ECN), in which they insist that Nandi-Ndaitwah should not be registered as a presidential candidate for the November election.

“By imposing Vice-President Nandi-Ndaitwah as an unelected default president is contrary to the voting rights of [Swapo] members,” they wrote.

The group initially sent a letter to the ECN through Ondangwa-based lawyer Nicky Ngula, who later withdrew the letter and the case.

Namibian Sun understands that Ngula faced pressure from senior Swapo leaders, who urged him to distance himself from the matter. After Ngula’s withdrawal, the group decided to write to ECN directly.

On Saturday, Swapo Party Youth League (SPYL) secretary Ephraim Nekongo said Swapo should expel the members who took the party to court.

“After the court case, the leadership of the party must expel these members,” he said during the opening of an SPYL central committee meeting.