Venaani to answer to his father over N$9.3m back pay
Six former parliamentarians of the Popular Democratic Movement (PDM), led by Mike Venaani—the father of party leader McHenry Venaani - have taken the former official opposition, the Electoral Commission of Namibia (ECN), and the National Assembly to court.
They are demanding over N$9.3 million in income lost due to their alleged unlawful removal from the party’s parliamentary list in 2019.
The plaintiffs - Venaani, Reggie Diergaardt, Charmaine Tjirare, Yvette Araes, Hidipo Hamata, and Maximalliant Katjimune - claim they were duly nominated by the PDM, officially declared elected by the ECN, and duly gazetted.
Replaced
However, the PDM later replaced the six with individuals not included on the initial gazetted list.
This move was overturned after the affected members took the party to the Electoral Court.
Although the PDM appealed the ruling to the Supreme Court, the appeal was dismissed, clearing the way for the six to take up their parliamentary seats, more than two years after the legislative term had begun.
PDM secured 16 seats in the National Assembly after receiving 16.65% of the vote in the 27 November 2019 election.
The six MPs argue they rightfully qualified for those seats and were lawfully gazetted as such.
They allege that PDM unlawfully submitted a revised list to the ECN after the election, excluding the six members in what they describe as a direct violation of the Electoral Act.
According to the plaintiffs, the ECN endorsed the revised list, which led to the National Assembly swearing in the substituted individuals on 20 March 2020.
They argue this contravened sections 77, 78, and 110(3)(b)(i) of the Electoral Act, as well as Article 49 and Schedule 4 of the Namibian Constitution.
Following prolonged legal proceedings, the Electoral Court and subsequently the Supreme Court ruled in favour of the six, declaring their exclusion unlawful.
They were officially sworn in on 6 June 2022 - over two years into the parliamentary term.
Political controversy
Each of the six now claims N$1.5 million in damages for lost remuneration and benefits from March 2020 to May 2022, in addition to 20% annual interest and legal costs. The PDM, ECN, and the National Assembly are cited as defendants, held jointly and severally liable.
A political controversy resurfaced recently when Namibian Sun reported that, as former National Assembly speaker Peter Katjavivi exited public office, the unresolved compensation claims still loomed.
The MPs accuse Katjavivi of delaying and obstructing their claims during his tenure.
“There were constant promises, delays and apologies, but nothing materialised,” said Hamata. “Katjavivi told us payment was only a matter of minutes. In the end, he left office without honouring those words.”
According to Hamata, a covert internal committee - allegedly formed under Katjavivi - acknowledged the MPs’ legal entitlement to compensation but failed to act. “It became clear he was just buying time until his term ended,” he said.
Hamata further alleges that a final assurance was made just days before new MPs were sworn in on 19 March. Katjavivi reportedly dismissed their inquiries, citing commitments linked to the speaker election, before vacating office without resolution.
Katjavivi has denied any wrongdoing, stating that the National Assembly acted strictly by legal procedures and only recognised MPs confirmed by the ECN.
“We do not act arbitrarily. Anything outside that scope would have been illegal,” he asserted.
— [email protected]
They are demanding over N$9.3 million in income lost due to their alleged unlawful removal from the party’s parliamentary list in 2019.
The plaintiffs - Venaani, Reggie Diergaardt, Charmaine Tjirare, Yvette Araes, Hidipo Hamata, and Maximalliant Katjimune - claim they were duly nominated by the PDM, officially declared elected by the ECN, and duly gazetted.
Replaced
However, the PDM later replaced the six with individuals not included on the initial gazetted list.
This move was overturned after the affected members took the party to the Electoral Court.
Although the PDM appealed the ruling to the Supreme Court, the appeal was dismissed, clearing the way for the six to take up their parliamentary seats, more than two years after the legislative term had begun.
PDM secured 16 seats in the National Assembly after receiving 16.65% of the vote in the 27 November 2019 election.
The six MPs argue they rightfully qualified for those seats and were lawfully gazetted as such.
They allege that PDM unlawfully submitted a revised list to the ECN after the election, excluding the six members in what they describe as a direct violation of the Electoral Act.
According to the plaintiffs, the ECN endorsed the revised list, which led to the National Assembly swearing in the substituted individuals on 20 March 2020.
They argue this contravened sections 77, 78, and 110(3)(b)(i) of the Electoral Act, as well as Article 49 and Schedule 4 of the Namibian Constitution.
Following prolonged legal proceedings, the Electoral Court and subsequently the Supreme Court ruled in favour of the six, declaring their exclusion unlawful.
They were officially sworn in on 6 June 2022 - over two years into the parliamentary term.
Political controversy
Each of the six now claims N$1.5 million in damages for lost remuneration and benefits from March 2020 to May 2022, in addition to 20% annual interest and legal costs. The PDM, ECN, and the National Assembly are cited as defendants, held jointly and severally liable.
A political controversy resurfaced recently when Namibian Sun reported that, as former National Assembly speaker Peter Katjavivi exited public office, the unresolved compensation claims still loomed.
The MPs accuse Katjavivi of delaying and obstructing their claims during his tenure.
“There were constant promises, delays and apologies, but nothing materialised,” said Hamata. “Katjavivi told us payment was only a matter of minutes. In the end, he left office without honouring those words.”
According to Hamata, a covert internal committee - allegedly formed under Katjavivi - acknowledged the MPs’ legal entitlement to compensation but failed to act. “It became clear he was just buying time until his term ended,” he said.
Hamata further alleges that a final assurance was made just days before new MPs were sworn in on 19 March. Katjavivi reportedly dismissed their inquiries, citing commitments linked to the speaker election, before vacating office without resolution.
Katjavivi has denied any wrongdoing, stating that the National Assembly acted strictly by legal procedures and only recognised MPs confirmed by the ECN.
“We do not act arbitrarily. Anything outside that scope would have been illegal,” he asserted.
— [email protected]
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