Saving Swapo Party through constitutional conformity

The 2022 Extraordinary Congress witnessed irregularities and significant acts of violence against the principles outlined in the Swapo constitution.

The 2022 Ordinary Congress was deemed nefarious, particularly due to the emergence of two lists of Swapo Central Committee members, which led many Swapo members to question the fairness and freedom of the internal election. Comrade Jerry Ekandjo, for instance, was prevented from contesting for the vice presidency after the withdrawal of comrade Frans Kapofi.

Last year, there were numerous calls for the Swapo party to hold an extraordinary congress to elect a Swapo presidential candidate. As this call gained momentum, factions within the Swapo party emerged, and the sole candidate names were revealed. Following the congress, the vice-president and her team decided to organise regional campaign rallies, despite Rule 14 objecting to such activities. Initially intended as expressions of gratitude, these rallies soon transformed into full-fledged campaigns. Many argued that the vice-president was testing her support base and garnering public sympathy.

The proposal for an extraordinary congress faced strong opposition from the secretary general, deputy secretary general, secretary of the women’s council, and many supporters of the vice-president. While there were technical arguments against it, adhering to democratic principles necessitated this call. On 4 February tragedy struck as the president of the Swapo Party passed away. This event forced us to reassess our constitutional framework, requiring the Swapo party to make corrections and hold an extraordinary congress to conduct a reinvigorated election in accordance with the Swapo constitution, rules and procedures.

Although these actions may exacerbate existing divisions, foster anarchy, fuel simmering campaigns, and promote character assassination, we are compelled by the constitution to uphold it and become custodians of our own constitution.

I have come across articles suggesting that the Swapo vice-president must be allowed to emerge victorious in order to save the party. However, this argument holds no basis, as the Swapo constitution does not authorise endorsements. All positions within Swapo must be elective.

Swapo constitution

Saving the Swapo Party will require adherence to its constitution. It will necessitate the utmost correctness, just as the Namibian constitution exemplified during the swearing-in of President Dr Nangolo Mbumba as Namibia’s fourth president, in accordance with Articles 29(4)(a) and 34. This Act was executed in accordance with the supreme law, as stated in Article 1(6) of the Namibian Constitution, which declares the constitution of Namibia as the supreme law. Similarly, we expect the Swapo constitution to be the supreme law of Swapo.

On the other hand, I understand that the vice-president has made significant strides in convincing people that she is a Swapo presidential candidate. However, the fact remains that “when you take the wrong route, you must rectify it and take the right path.” A traffic officer does not care if you drove all the way from the north to Okahandja; if you do not have a valid driver’s licence, you will be fined, even if you are only 5 km away from Windhoek. Your vehicle will be impounded until a licenced driver can collect it. This analogy emphasises the importance of following the correct procedures and complying with the Swapo constitution.

The only authentic way to save Swapo is not by promoting the vice-president to the Swapo presidency but by holding the Swapo extraordinary congress, as mandated by Article 15(9) within 90 days, allowing for free and fair contestation. If the vice-president wins democratically, she can continue with her presidential ambitions, but not through automatic promotion. I understand that there is a fear of losing power, but we must remember that Swapo is larger than any individual. Swapo has rules that must be followed and a valid constitution.

Indeed, we are facing challenging circumstances as we approach the November elections. Internal campaigns bring forth challenges, disunity and more. However, we must uphold the constitution to avoid factionalism. If, for example, we were to promote Comrade Jerry Ekandjo to the position of Swapo president without an election, solely to save Swapo, that would be fundamentally wrong. Similarly, we cannot promote the vice-president to the position of Swapo president without adhering to the constitution. If we genuinely want to save Swapo, it is not through wrongful actions but through correctness and conformity to our constitution with impartiality.

Swapo’s legal framework is clear. Although it would have been preferable to have six months remaining until the ordinary congress, the vice-president can serve in an acting capacity. However, as things stand, following the Swapo constitution is the only saviour we have to solidify unity and build a strong Swapo party. We must exercise caution because our actions in this situation will have repercussions in the November elections. We must prioritise the preservation of power and respect for our constitution.

*Stephanus Pombili is a Swapo party member who analyses Swapo’s internal politics. The opinions expressed are his own.