MPs second walkout stalls ECN appointments

Opposition MPs walked out of the National Assembly for the second time on Tuesday during a vote on three nominees to the Electoral Commission of Namibia, but the governing Swapo Party also failed to muster enough of its own 51 voting MPs to conclude the appointments.

The walkout left 46 voting MPs in the chamber, three fewer than the 49 the Constitution requires for the Assembly to decide. Of those present, 45 supported the nominees, none voted against them, and one abstained.

Speaker Saara Kuugongelwa-Amadhila consequently declared that no decision had been taken.

President Netumbo Nandi-Ndaitwah’s nomination of Dr. Gerson Sindano as ECN chairperson and Dr. Emmerentia Leonard and Julieta Diva Ferreira as commissioners

It was Parliament’s second attempt to conclude the matter. The first vote was abandoned on 8 July after MPs walked out during a division of the House and the number of voting members fell below 49.

“Some members walked out of the House at the time that the division was taking place, and the House lost the quorum,” Kuugongelwa-Amadhila said.

The Speaker acknowledged concerns about the recurring walkouts but pointed out that one political party held enough seats to constitute the decision-making quorum by itself.

Abandoning proceedings

Swapo has 51 of the National Assembly’s 96 voting seats, meaning the party could have reached the required 49 without opposition MPs if enough of its members had attended.

Information and communication technology minister Emma Theofelus said all but two opposition MPs had left during the vote and questioned whether lawmakers who abandoned proceedings should be allowed to return later and participate in other business.

Justice and labour relations minister Fillemon Wise Immanuel argued that walking out when voting began could constitute an attempt to manipulate the quorum. He invoked Rule 115(6), which permits the Speaker to refuse mischievous quorum calls.

“Anyone that walks out to the point of voting is aiming at distorting the quorum, and it’s not a genuine absence of a quorum,” Immanuel said.

Deputy Speaker Philipus Katamelo rejected the suggestion that Parliament could proceed regardless, saying the constitutional requirement remained binding.

“When it comes to a decision that needs to be taken, that one does not apply, because the Constitution, which is supreme, says for a decision of the Assembly to be valid, you need 49 voting members,” he said.

Kuugongelwa-Amadhila deferred her ruling on whether deliberately walking out during a division constituted a mischievous quorum action.

The opposition has raised concerns about the transparency and legality of the ECN selection process. Amupanda has sought records from the selection committee, including interview minutes, score sheets and recommendations, while the Independent Patriots for Change has also questioned the procedure followed.

The House retained enough members to deliberate on matters that did not require decisions, but could not complete the ECN vote.

“What we don’t have is a decision quorum, but we have a quorum to deliberate,” Kuugongelwa-Amadhila said.

She described the ECN as a statutory institution “at the heart of our democracy” and urged MPs to attend when the nominations return for another vote.