Shimbulu wins first round against Swapo

04 June 2020 | Justice

ILENI NANDJATO

OSHAKATI



The Windhoek High Court yesterday ordered the Oshakati town council not to implement an order by Swapo to replace councillor Katrina Shimbulu.

The court also dismissed allegations by the defendants that Shimbulu's court application was a non-joinder, lacked urgency or that she has dirty hands.

Shimbulu approached the High Court to declare the Swapo's decision to remove her from the Oshakati town council unconstitutional and illegal.



In Shimbulu's favour

Deputy Judge President Hosea Angula yesterday delivered a judgement in which he interdicted Swapo's decision to recall Katrina.

“The Swapo Party, the party secretary-general Sophia Shaninga and the Swapo political bureau are hereby interdicted and restrained from implementing the decision taken by the Swapo Party on 16 March to recall Shimbulu as a councillor of the Oshakati town council and replace her with one Ms Kamwanka.

“The status quo as it prevailed before 16 March shall remain in place pending the final determination of the relief sought by the applicant,” read the judgment.

“The three points in limine - non-joinder, lack of urgency or self-created urgency and that the applicant has dirty hands - are dismissed.”



Postponement

Angula postponed the matter to 10 June for a case management conference hearing.

The parties to the matter have been directed to file a joint case management report before 8 June, setting out how they wish to proceed.

Shimbulu made a U-turn after resigning last year to stand as a Swapo candidate in the National Assembly election. She failed to make it into the new parliament after a dismal poll showing by the ruling party in which it lost its two-thirds majority and 14 seats.

On 16 December, Shimbulu was sworn in as councillor but other councillors Onesmus Shilunga and Gabriel Kamwanka boycotted the election of political office-bearers in protest against Shimbulu's nomination.

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