PDM misses appeal deadline
JEMIMA BEUKES
WINDHOEK
The Popular Democratic Movement (PDM) has sought condonation from the Supreme Court after it missed its deadline to appeal against a High Court order that had nullified the party’s parliamentary list.
Charmaine Tjirare and Hidipo Hamata dragged the party to court last year, challenging their removal from the party's gazetted parliamentary list.
PDM president McHenry Venaani yesterday said missing deadlines are eventualities always discussed by courts.
“We applied for condonation at the Supreme Court, which was not opposed. Therefore, the Supreme Court will hear first our condonation, if granted, then hear the merit of the case. When the applicants filed their case, they were also late but were allowed to be heard,” he said.
Contempt of court
Meanwhile, the two applicants are preparing to file a contempt of court appeal, after their appeals to both the Electoral Commission of Namibia (ECN) and the National Assembly (NA) fell on deaf ears.
On Friday, 19 February, their lawyer, Norman Tjombe, wrote to the ECN’s chief electoral officer Theo Mujoro, informing him that the appeal deadline for the PDM and ECN had lapsed in October 2020 and as such the court order must be adhered to.
This means that Frans Josef Bertolini, Charmaine Tjirare, Yvette Areas, Tjekupe Maximalliant Katjimune, Raymond Reginald Diergaardt and Mike Rapuikua Venaani must be reinstated.
Mujoro yesterday said the matter was handled by the government attorneys who handled their case.
He wrote a similar letter to the secretary of the National Assembly, Lydia Kandetu, in which he stated that the swearing-in of six of the PDM parliamentarians was unconstitutional, unlawful and therefore null and void.
These members are Esmeralda Esme !Aebes, Johannes Martin, Kazeongere Zeripi Tjeundo, Geoffrey Kupuzo Mwilima, Thimoteus Ndumba Sydney Shihumbu and Pieter Mostert.
“Our clients have instructed that contempt of court proceedings are envisaged should the orders of the Electoral Court not be implemented within five days of receipt hereof. We trust that it shall not be necessary for such drastic further conduct of this matter,” Tjombe wrote.
Kandetu yesterday explained that the ECN must first de-gazette the six illegal members before she could swear in the six members who had been removed from the list.
“I have no problem with swearing them in,” she said.
[email protected]
WINDHOEK
The Popular Democratic Movement (PDM) has sought condonation from the Supreme Court after it missed its deadline to appeal against a High Court order that had nullified the party’s parliamentary list.
Charmaine Tjirare and Hidipo Hamata dragged the party to court last year, challenging their removal from the party's gazetted parliamentary list.
PDM president McHenry Venaani yesterday said missing deadlines are eventualities always discussed by courts.
“We applied for condonation at the Supreme Court, which was not opposed. Therefore, the Supreme Court will hear first our condonation, if granted, then hear the merit of the case. When the applicants filed their case, they were also late but were allowed to be heard,” he said.
Contempt of court
Meanwhile, the two applicants are preparing to file a contempt of court appeal, after their appeals to both the Electoral Commission of Namibia (ECN) and the National Assembly (NA) fell on deaf ears.
On Friday, 19 February, their lawyer, Norman Tjombe, wrote to the ECN’s chief electoral officer Theo Mujoro, informing him that the appeal deadline for the PDM and ECN had lapsed in October 2020 and as such the court order must be adhered to.
This means that Frans Josef Bertolini, Charmaine Tjirare, Yvette Areas, Tjekupe Maximalliant Katjimune, Raymond Reginald Diergaardt and Mike Rapuikua Venaani must be reinstated.
Mujoro yesterday said the matter was handled by the government attorneys who handled their case.
He wrote a similar letter to the secretary of the National Assembly, Lydia Kandetu, in which he stated that the swearing-in of six of the PDM parliamentarians was unconstitutional, unlawful and therefore null and void.
These members are Esmeralda Esme !Aebes, Johannes Martin, Kazeongere Zeripi Tjeundo, Geoffrey Kupuzo Mwilima, Thimoteus Ndumba Sydney Shihumbu and Pieter Mostert.
“Our clients have instructed that contempt of court proceedings are envisaged should the orders of the Electoral Court not be implemented within five days of receipt hereof. We trust that it shall not be necessary for such drastic further conduct of this matter,” Tjombe wrote.
Kandetu yesterday explained that the ECN must first de-gazette the six illegal members before she could swear in the six members who had been removed from the list.
“I have no problem with swearing them in,” she said.
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