PDM fights N$9.4m lost-wages claim

The Popular Democratic Movement (PDM) wants the High Court to dismiss a N$9.36 million compensation claim for lost wages that was brought by six politicians over their exclusion from parliament after the 2019 election.

Mike Rapuikua Venaani ( father of party leader McHenry Venaani), Raymond Reginald Diergaardt, Charmaine Tjirare, Yvette Areas, Hidipo Hamata and Maximalliant Katjimune are each claiming N$1.56 million from PDM, the Electoral Commission of Namibia (ECN) and the National Assembly.

The claim covers salaries, allowances and benefits the six say they lost between 20 March 2020 and 31 May 2022.

The matter is set for trial this week, from 26 to 30 October, before judge Boas Usiku.

The six applicants say they were nominated on PDM’s parliamentary candidate list before the November 2019 election and were unlawfully excluded when parliament was constituted in March 2020.

The dispute previously reached the Supreme Court after PDM and the ECN appealed an Electoral Court ruling on the party’s candidate list.

On 30 May 2022, the Supreme Court dismissed both appeals with costs. It also ruled that the ECN could not alter gazetted candidate lists after polling day except in circumstances permitted by the Electoral Act.

The compensation case now turns on whether the six can recover the money they claim to have lost.

Opposing views

PDM argues that their claim was filed too late, which Diergaardt disputes.

"Prescription of the plaintiffs’ claims only commenced running after the judgment of the Supreme Court,” he argues in court papers.

PDM also denies that the law supports the damages claimed. It says the relevant legislation does not provide for compensation for lost parliamentary remuneration. The party further disputes that each plaintiff is entitled to N$1 560 980.43.

Additionally, any damages awarded should reportedly be reduced by any income the plaintiffs earned during the disputed period.

They state that Hamata and Katjimune were employed by the party, while Tjirare worked for the Namibia University of Science and Technology.

Father and son

The case has a personal dimension for PDM president McHenry Venaani, whose father, Mike, is one of the plaintiffs. Speaking on the Behind the Wheel podcast last week, McHenry acknowledged that they no longer speak as often as they should.

McHenry said he had proposed his father’s inclusion on the party’s parliamentary list to recognise his long contribution to the organisation.

He has also questioned the legal basis of the compensation claim, saying the former MPs are seeking payment for a period when they did not serve in parliament.

Hamata, meanwhile, has joined Affirmative Repositioning (AR) after resigning from PDM, while Tjirare and Areas joined Swapo.

Following their departure, McHenry labelled them “belly politicians”, accusing them of abandoning the party when they were no longer benefiting from it.

Katjimune, Diergaardt and Venaani remain with the PDM.

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