ECN ordered to avail spoilt Ndonga Linena ballots
24 June 2021 | Politics
The Electoral Commission of Namibia (ECN) has been ordered by the electoral court to allow the All People’s Party (APP) access to the 25 November 2020 Ndonga Linena constituency election materials. The party will be able to make copies of 57 spoilt ballots recorded in that election.
The APP took the ECN to court earlier this year because it believes it should have been awarded 40 of the 57 spoilt ballots.
This after the party learnt through its agents that some voters did not mark the appropriate box on the ballot, but made crosses on the face of the APP candidate Djami Daniel, who was announced as the runner-up to Swapo’s candidate, Michael Kampota, who won by a mere 12 votes.
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.
According to the order made on Monday by justices Nate Ndauendapo?, Boas Usiku and Hannelie Prinsloo, ECN has 15 days to avail the materials, which they will have to present to the electoral court for a judgement.
May end reign
If APP proves to the court that majority of the spoilt ballots were indeed votes denied to their candidate Daniel, the court will have to declare him as the duly elected councillor of Ndonga Linena constituency, which will end Swapo’s eight-month reign over the constituency.
Kampota currently serves as a member of the Kavango East Regional Council management committee.
Currently Swapo governs five of the six Kavango East constituency after losing the Rundu Rural constituency to independent candidate, Paulus Mbangu.
APP is represented by Henry Shimutwikeni.
The next court date is set 14 July.