‘Swapo Four’ gear for court battle

In what is expected to be a battle of the titans, the ruling Swapo Party next month will defend its decision to expel four of its youth wing members after a controversial fallout. Now known as the ‘Swapo Four’, former youth leaders Elijah Ngurare, Job Amupanda, Dimbulukweni Nauyoma and George Kambala refused to accept their expulsion. They have asked the High Court to set aside the expulsions on the grounds that natural justice and fairness were not applied by the party and its top leadership – including acting party president Hage Geingob, administrator Nangolo Mbumba and his deputy, Laura McLeod-Katjirua. On February 4, South African advocate Vincent Maleka and local lawyer Amupanda Kamanja will take on the Swapo legal team headed by Dirk Conradie. Swapo has been dragged to court before, among others by former parliamentarian Kandy Nehova and former Okahandja mayor Christophine Paulus, over local authority positions. However, it is believed that this is the first time that party members are challenging the party leaders for expelling members. It is also the perception that the ‘Swapo Four’ are less interested in positions but want to prevent what they call “injustice and abuse of power” to be visited upon future members. Ngurare, Amupanda, Kambala and Nauyoma were expelled last year for their support of and involvement in the Affirmative Repositioning (AR) movement. However, the movement later struck a land delivery deal with Geingob and his Cabinet to avert a threatened land grab. Legal pundits said in Ngurare’s case it appeared that the party had not followed due process in terms of the Swapo constitution. As for Amupanda, Kambala and Nauyoma, a review of the party’s constitution and rules is crucial in determining their case. This high-profile case before the High Court has been described as a very important event in the history of Swapo. “Depending on the outcome of the case the party will be careful in the future to abruptly expel people,” said political commentator Hoze Riruako. He added that the case will also be test to the judicial system. “The independence of the judiciary will be tested to determine whether they will handle the case on merits without any political influence.” Riruako maintains that the case is important to the party’s coherence and will send a strong message to the leadership about expelling members. “These boys showed the elders that everybody has rights in Swapo, and they showed a different type of maturity and growth in the party which says that the party belongs to everybody and they all have rights. “In future, similar cases will be handled differently by those who control power in the party.” Riruako praised Geingob for having played open cards with the “boys” and engaged them on the very important matter of land. Constitutional expert Nico Horn at the time of the expulsion commented that even if the four youth leaders challenged the decision in court, the party would find a way through its structures and laws to finally kick them out. ELVIS MURARANGANDA