Swapo loses in court again
KENYA KAMBOWE
Swapo has lost another case in the High Court after Deputy Judge President Hosea Angula ruled in favour of a Helao Nafidi councillor who was withdrawn by the ruling party from the local authority council in 2015.
Angula this week set aside a decision taken by Swapo to withdraw Ester Ndatala Nghidimbwa from the Helao Nafidi council.
In his ruling, Angula said Swapo had violated the basic principles of natural justice by not granting the applicant a hearing before deciding to recall her from the council.
“The decision to withdraw the applicant without first affording her a hearing was unlawful and had to be set aside,” Angula ruled.
Nghidimbwa was sworn in as councillor instead of another candidate, Lucia Nghililewanga, after the local authority elections held in November 2015.
However, on 8 August 2016, Swapo ordered Nghidimbwa’s removal after discovering that she was in fact a candidate for the regional council election and not for the local authority election.
Nghidimbwa then dragged the ruling party to court after it failed to comply with an instruction from her lawyers to reverse its decision of removing her from the council.
She argued that the decision by Swapo secretary-general Nangolo Mbumba to withdraw her was made without a fair process being followed.
She was not afforded an opportunity for a hearing, nor was she given a chance to be cross-examined or call witnesses before the decision was made.
The respondents in the matter included the Swapo Party, the Swapo secretary-general, the Helao Nafidi town council, Helao Nafidi mayor Eliaser Nghipangelwa, Nghililewanga and the Electoral Commission of Namibia.
The judge also ordered that the respondents pay the legal fees of the applicant. Henry Shimutwikeni represented Nghidimbwa while Advocate Gerson Hinda and Dirk Conradie represented the respondents.
Swapo has lost another case in the High Court after Deputy Judge President Hosea Angula ruled in favour of a Helao Nafidi councillor who was withdrawn by the ruling party from the local authority council in 2015.
Angula this week set aside a decision taken by Swapo to withdraw Ester Ndatala Nghidimbwa from the Helao Nafidi council.
In his ruling, Angula said Swapo had violated the basic principles of natural justice by not granting the applicant a hearing before deciding to recall her from the council.
“The decision to withdraw the applicant without first affording her a hearing was unlawful and had to be set aside,” Angula ruled.
Nghidimbwa was sworn in as councillor instead of another candidate, Lucia Nghililewanga, after the local authority elections held in November 2015.
However, on 8 August 2016, Swapo ordered Nghidimbwa’s removal after discovering that she was in fact a candidate for the regional council election and not for the local authority election.
Nghidimbwa then dragged the ruling party to court after it failed to comply with an instruction from her lawyers to reverse its decision of removing her from the council.
She argued that the decision by Swapo secretary-general Nangolo Mbumba to withdraw her was made without a fair process being followed.
She was not afforded an opportunity for a hearing, nor was she given a chance to be cross-examined or call witnesses before the decision was made.
The respondents in the matter included the Swapo Party, the Swapo secretary-general, the Helao Nafidi town council, Helao Nafidi mayor Eliaser Nghipangelwa, Nghililewanga and the Electoral Commission of Namibia.
The judge also ordered that the respondents pay the legal fees of the applicant. Henry Shimutwikeni represented Nghidimbwa while Advocate Gerson Hinda and Dirk Conradie represented the respondents.
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