APP drags ECN to court

The party said its observers saw that some electorates did not cross in appropriate box, but made crosses on the face of the APP candidate, Djami Daniel.

20 January 2021 | Politics

Kenya Kambowe







RUNDU

The All Peoples Party (APP) is dragging the Electoral Commission of Namibia (ECN) to court, demanding a recount of the Ndonga Linena constituency results.

The APP is challenging the outcome of the 25 November 2020 election results after some party agents observed ballots casted in favour of their candidate declared as spoilt.

The party said its observers saw that some electorates did not cross in appropriate box, but made crosses on the face of the APP candidate, Djami Daniel.

A total of 57 votes were declared spoilt for Ndonga Linena by the ECN when it announced the final results.

It is on this basis that the APP - through its lawyer, Henry Shimutwikeni - on Monday approached the Electoral Court of Namibia for it to grant an order for the recount of all the ballots, including the spoilt ones.

Clear indication

According to APP secretary-general Vincent Kanyetu’s affidavit, 40 of the 57 spoiled ballots are in favour of their candidate Daniel, therefore a recount must take place for the legitimate candidate to govern that constituency.

“I am advised that section 106 (3) of the Electoral Act expressly states that the presiding officer may not reject any ballot paper on which there is a clear indication, being writing or a mark clear enough to establish the voter’s candidate of choice,” the affidavit read.

“Clearly the 40 votes which were observed by our agents to have been erroneously excluded would change the results and the outcome of the election.”

ECN chairperson Notemba Tjipueja and chief electoral officer Theo Mujoro as well as political parties Swapo, Popular Democratic Movement and Independent Patriots for Change are the respondents alongside urban and rural development minister Erastus Uutoni.

The respondents have until next Tuesday, 26 January, to oppose the application.

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