Valentine's court date for Swapo
?
A court battle related to the disputed 2017 Swapo elective congress has been postponed to
14 February.
During a status hearing last Thursday, the applicants were given time to submit further affidavits, as well as a status report.
The court documents indicate that all other respondents who were mentioned in a media notice earlier this year, and who opposed the application, were added.
Those added to the initial respondents - Swapo and its secretary-general Sophia Shaningwa - include President Hage Geingob, Swapo vice-president Netumbo Nandi-Ndaitwah as well as deputy SG Marco Hausiku.
Former Swapo SG Nangolo Mbumba, Prime Minister Saara Kuugongelwa-Amadhila and a host of senior party officials, and even those on the slate that contested unsuccessfully against Geingob's Harambee faction, have also been added as respondents.
These include Nahas Angula, Jerry Ekandjo and Pendukeni Iivula-Ithana, who were the leaders of the Team Swapo faction in the run-up to the congress. On 27 November last year, Mirjam Shituula and Selma Namboga, who are acting on behalf of Swapo leaders Nambata Angula and Seth Boois, unsuccessfully sought to have the party's extraordinary congress halted.
They also applied to have outcome of the top-four and central committee elections of the 2017 congress declared unconstitutional, invalid and null and void.
This main application is still before court. At the time Judge Thomas Masuku informed the applicants that the case could only proceed once all those who would be affected by the outcome had been notified. This is known as a joinder application.
During the court proceedings in November Swapo's legal counsel, South African advocate Tembeka Ngcukaitobi, told the court that the case could not proceed if those who enjoyed the benefits of the 2017 Swapo congress were not called to appear before court.
“Whatever the decision the court gives will affect them,” he said. The 2017 congress elected Geingob as Swapo president, Nandi-Ndaitwah as vice-president, Shaningwa as SG and Hausiku as deputy SG. The disgruntled Swapo members argue that the congress and its elections were fundamentally flawed and unlawful. The two applicants, along with Angula and Boois, had earlier in the year petitioned Shaningwa, demanding an independent audit of the outcome of the congress.
Shaningwa had responded by saying that the central committee would consider the petition. However, the group argued that it was in fact the composition of the current central committee that was being disputed, and therefore it could not decide on the matter.
They suggested that the central committee elected in 2012 should deal with the issue.
There was also a subsequent letter which failed to resolve the matter, leading to the urgent court application, following Shaningwa's announcement of the dates of the extraordinary congress, which took place from 30 November to 1 December last year.
A court battle related to the disputed 2017 Swapo elective congress has been postponed to
14 February.
During a status hearing last Thursday, the applicants were given time to submit further affidavits, as well as a status report.
The court documents indicate that all other respondents who were mentioned in a media notice earlier this year, and who opposed the application, were added.
Those added to the initial respondents - Swapo and its secretary-general Sophia Shaningwa - include President Hage Geingob, Swapo vice-president Netumbo Nandi-Ndaitwah as well as deputy SG Marco Hausiku.
Former Swapo SG Nangolo Mbumba, Prime Minister Saara Kuugongelwa-Amadhila and a host of senior party officials, and even those on the slate that contested unsuccessfully against Geingob's Harambee faction, have also been added as respondents.
These include Nahas Angula, Jerry Ekandjo and Pendukeni Iivula-Ithana, who were the leaders of the Team Swapo faction in the run-up to the congress. On 27 November last year, Mirjam Shituula and Selma Namboga, who are acting on behalf of Swapo leaders Nambata Angula and Seth Boois, unsuccessfully sought to have the party's extraordinary congress halted.
They also applied to have outcome of the top-four and central committee elections of the 2017 congress declared unconstitutional, invalid and null and void.
This main application is still before court. At the time Judge Thomas Masuku informed the applicants that the case could only proceed once all those who would be affected by the outcome had been notified. This is known as a joinder application.
During the court proceedings in November Swapo's legal counsel, South African advocate Tembeka Ngcukaitobi, told the court that the case could not proceed if those who enjoyed the benefits of the 2017 Swapo congress were not called to appear before court.
“Whatever the decision the court gives will affect them,” he said. The 2017 congress elected Geingob as Swapo president, Nandi-Ndaitwah as vice-president, Shaningwa as SG and Hausiku as deputy SG. The disgruntled Swapo members argue that the congress and its elections were fundamentally flawed and unlawful. The two applicants, along with Angula and Boois, had earlier in the year petitioned Shaningwa, demanding an independent audit of the outcome of the congress.
Shaningwa had responded by saying that the central committee would consider the petition. However, the group argued that it was in fact the composition of the current central committee that was being disputed, and therefore it could not decide on the matter.
They suggested that the central committee elected in 2012 should deal with the issue.
There was also a subsequent letter which failed to resolve the matter, leading to the urgent court application, following Shaningwa's announcement of the dates of the extraordinary congress, which took place from 30 November to 1 December last year.
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