Legal Dispute Over Windhoek City Council Election Participation
The Electoral Court is set to deliver its judgment on Monday regarding a legal challenge brought by the Khomas Residents and Rate Payers Association. The association is seeking to participate in the upcoming Windhoek City Council election scheduled for 26 November. This case has drawn significant attention due to the implications it may have on the electoral process in Namibia.
Key Players and Arguments
Three judges of the court—deputy judge president Hannelie Prinsloo, and judges Orben Sibeya and Beatrix de Jager—heard oral arguments on an application submitted by the association. The main issue at hand is whether the Electoral Commission of Namibia (ECN) should accept the nomination of the association’s candidates through a physical form instead of using an online portal.
Shaun Gariseb, the secretary general of the association, claims that they were unable to access the ECN’s internet portal on 16 October, which was the deadline for submitting candidate nominations. He argues that the ECN’s decision to only accept nominations through an online portal is unlawful and requests the court to review and set aside this alleged decision.
However, the ECN maintains that the association has not clearly identified the specific decision they want reviewed. According to the ECN, there is no official decision that prohibits the association from submitting nominations in a physical format. Furthermore, the ECN suggests that the association should have approached the Windhoek Electoral Tribunal rather than the Electoral Court with their case.
ECN’s Position and Evidence
Elsie Nghikembua, chairperson of the ECN, provided a sworn statement to the court. She stated that candidates could be nominated either through the ECN’s online portal or by physically submitting their list to the returning officer for the Windhoek local authority election. However, the association did not submit their list to the returning officer; instead, they attempted to hand it in at the ECN headquarters after the 11h00 deadline on 16 October.
Gariseb also filed an affidavit stating that the ECN’s online political parties and candidates management portal was not gazetted and has been implemented unlawfully. Despite this, the association was unsuccessful in nominating its candidates for the Windhoek local authority election. However, Gariseb managed to register as an independent candidate in the regional council election in the Khomas region’s Katutura Central constituency.
Timeliness and Legal Basis
Nghikembua highlighted in her affidavit that the association approached the court with an urgent application three weeks after the nomination deadline. She argued that there is no legal basis for a new proclamation for candidate nominations, and thus, the application should be dismissed due to a lack of urgency.
Additionally, she pointed out that the association has not cited any political parties that nominated candidates for the Windhoek City Council election as respondents in their case. This omission, according to Nghikembua, is another reason to dismiss the application.
Final Hearing and Next Steps
After hearing arguments from the association’s lawyer, Kadhila Amoomo, and Jabulani Ncube, representing the ECN, the court reserved its judgment. Judge Prinsloo indicated that the decision would be delivered on Monday.
The case raises important questions about the accessibility and fairness of the electoral process in Namibia. It also highlights the need for clear communication and transparency between electoral authorities and civic organizations. As the court prepares to deliver its verdict, all eyes are on the outcome, which could set a precedent for future elections.
Ballot papers for the regional council and local authority elections on 26 November have already been printed in South Africa at a cost of approximately N$4.9 million and were recently received by the ECN. With the nomination period having passed, the focus now shifts to the court’s decision and its potential impact on the electoral landscape in Windhoek and beyond.