APP, ECN to meet in court next month

24 February 2021 | Politics

KENYA KAMBOWE

RUNDU

The All People’s Party (APP) and the Electoral Commission of Namibia (ECN) are set to meet in the Electoral Court on 19 March over the disputed 2020 November Ndonga Linena Constituency election results.

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

The party alleges that some voters did not mark the appropriate box on the ballot, but made crosses on the face of the APP candidate Djami Daniel.

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

The APP believes that if a recount was done, it would prove that their candidate, Daniel, was the legitimate winner.

In December last year, Swapo’s candidate, Michael Kampota, was sworn in as the councillor for the constituency after securing a mere 12 votes more than APP’s Daniel during that election.

Court order

On 18 January, APP lawyer Henry Shimutwikeni approached the Electoral Court with an application to have the votes for that constituency recounted.

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 along with urban and rural development minister Erastus Uutoni.

The respondents had until 26 January to oppose the application.

On Monday, Deputy Judge President Hosea Angula announced that the hearing was scheduled for 19 March.

The matter will be heard by judges Hosea Angula, Boas Usiku and Hannelie Prinsloo.

Clear indication

According to APP secretary-general Vincent Kanyetu’s affidavit, 40 of the 57 spoiled ballots were 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 reads.

“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.”

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