Election challenge awaits Supreme Court decision
The Electoral Court has decided to temporarily suspend the Independent Patriots for Change (IPC) challenge to the national election held in November last year until the Supreme Court has concluded its ruling on the IPC’s separate challenge to the presidential election.
Judges Hannelie Prinsloo, Orben Sibeya and Esi Schimming-Chase delivered their ruling in the High Court in Windhoek on Monday.
This follows after parties presented arguments regarding the postponement last week.
After considering the input from the legal representatives, it was decided that the application – which challenges the proclamation in which President Nangolo Mbumba extended the voting period for the national election – should be temporarily suspended.
According to Prinsloo, the Electoral Court will abide by the Supreme Court's findings and if Namibia's highest court rules that the proclamation is valid, the IPC’s application regarding the National Assembly election will also be dismissed.
"If the Supreme Court rules that the proclamation was unlawful, this court will also be bound by that decision and will only decide on the consequences of that," she explained.
Waiting to hear
The judge said the decision to wait for the Supreme Court ruling was inevitable and will narrow down the issue that the Electoral Court must decide on and expedite a ruling, which will also save costs.
President Nangolo Mbumba, the Electoral Commission of Namibia (ECN), the Office of the Attorney General, Swapo and other political parties are listed as respondents in the case in the Electoral Court.
Regarding a security deposit that applicants must pay according to the law before their application is heard, the court’s decision from last week remains in effect.
The court ordered the IPC to deposit N$450 000 as security for costs for Swapo, the ECN and Mbumba in case the opposition party loses the case. This amounts to N$150 000 for each respondent.
Highest Court to decide
Proceedings at the Supreme Court are expected to continue on 20 February with a status hearing, during which the request from the Landless People’s Movement (LPM) to join the court application will be heard.
The LPM’s legal representatives must submit their main pleadings to the court on or before 13 February. The respondents have until 17 February to submit their answering affidavits.
– [email protected]
Judges Hannelie Prinsloo, Orben Sibeya and Esi Schimming-Chase delivered their ruling in the High Court in Windhoek on Monday.
This follows after parties presented arguments regarding the postponement last week.
After considering the input from the legal representatives, it was decided that the application – which challenges the proclamation in which President Nangolo Mbumba extended the voting period for the national election – should be temporarily suspended.
According to Prinsloo, the Electoral Court will abide by the Supreme Court's findings and if Namibia's highest court rules that the proclamation is valid, the IPC’s application regarding the National Assembly election will also be dismissed.
"If the Supreme Court rules that the proclamation was unlawful, this court will also be bound by that decision and will only decide on the consequences of that," she explained.
Waiting to hear
The judge said the decision to wait for the Supreme Court ruling was inevitable and will narrow down the issue that the Electoral Court must decide on and expedite a ruling, which will also save costs.
President Nangolo Mbumba, the Electoral Commission of Namibia (ECN), the Office of the Attorney General, Swapo and other political parties are listed as respondents in the case in the Electoral Court.
Regarding a security deposit that applicants must pay according to the law before their application is heard, the court’s decision from last week remains in effect.
The court ordered the IPC to deposit N$450 000 as security for costs for Swapo, the ECN and Mbumba in case the opposition party loses the case. This amounts to N$150 000 for each respondent.
Highest Court to decide
Proceedings at the Supreme Court are expected to continue on 20 February with a status hearing, during which the request from the Landless People’s Movement (LPM) to join the court application will be heard.
The LPM’s legal representatives must submit their main pleadings to the court on or before 13 February. The respondents have until 17 February to submit their answering affidavits.
– [email protected]
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