ECN rejects NEFF’s N$27 million damages claim over deregistration

The Electoral Commission of Namibia (ECN) has rejected a N$27 million damages claim by the Namibia Economic Freedom Fighters (NEFF), arguing that the party has no legal basis to seek compensation for its controversial deregistration ahead of the 2024 elections.

In a formal response dated 25 March 2026, the ECN’s legal representatives, Shikongo Law Chambers, said the claim would be “defended” should the party proceed to court.

“We therefore place it on record that such damages do not arise in our law, and on that basis, we will defend any action that you will institute against our client,” the letter states.

The response follows a letter of demand issued by NEFF’s lawyers, Kadhila Amoomo Legal Practitioners, earlier this month, in which the party sought more than N$26.8 million in damages, claiming its deregistration cost it parliamentary seats and severely undermined its election campaign.

ECN challenges evidence

In its reply, the ECN disputes the foundation of NEFF’s claim, particularly a political science report commissioned by the party to estimate its electoral losses.

“The study you commissioned does not show the legal basis that made it conclude that your client would have gained two extra seats. Such evidence is primarily conjecture and inadmissible,” the ECN’s lawyers wrote.

The commission further argued that NEFF had already pursued and succeeded in a review application in the High Court, which set aside the deregistration decision in September 2024.

“It is common cause that the remedy of review was exercised by your client, and it was granted in your client’s favour,” the letter states.

No grounds for damages

The ECN maintains that even if its decision to deregister the party was flawed, this does not automatically give rise to a claim for damages under private law.

“It is trite that the breach of administrative duties does not necessarily translate into private law duties giving rise to delictual claims,” the lawyers said.

“It must be accepted that an incorrect administrative decision is not per se wrongful.”

They added that disputes of this nature are ordinarily addressed through public law remedies rather than financial compensation.

“Ordinarily, therefore, a breach of administrative justice attracts public law remedies and not private law remedies,” the letter reads.

The legal battle stems from the ECN’s decision in June 2024 to deregister NEFF for failing to comply with provisions of the Electoral Act, including the submission and publication of audited financial statements.

However, the Windhoek High Court later ruled in favour of NEFF, finding that the commission had failed to follow due process by not allowing the party to respond before deregistration.

Judge Thomas Masuku ruled at the time that the ECN had not adhered to the required procedural steps, stating that the party should have been given notice and an opportunity to show cause why it should not be deregistered.

“I incline to the view that NEFF was given the short end of the stick,” Masuku said.

NEFF claims electoral loss

Despite the court victory, NEFF argues that the damage to its campaign was irreversible.

In its letter of demand, the party claims it entered the election period under a cloud of controversy, with limited time to rebuild its image and campaign effectively.

“By then, it was too late. The damage was done,” the party’s lawyers wrote.

The party secured 3 978 votes in the 2024 elections, resulting in a single seat in the National Assembly.

NEFF maintains that the deregistration created a “negative public perception” and led to a loss of members, funding, and voter confidence.

“The message from your deregistration was clear: our client could not be trusted… and therefore our client should not be voted for,” the letter states.

The commission has made clear it is prepared to contest the issue.

“We trust that you shall find the above in order,” the ECN’s lawyers concluded.