NEFF demands N$27m over ECN deregistration

The Namibia Economic Freedom Fighters (NEFF) has issued a formal letter of demand to the Electoral Commission of Namibia (ECN), seeking more than N$26.8 million in damages over its controversial deregistration ahead of the 2024 elections, which the party says cost it seats and crippled its campaign.

A report by a political science expert commissioned by NEFF concluded that the deregistration decision had a “disastrous impact” on the party’s electoral prospects.

The report suggests the party could have secured at least four seats in the National Assembly, two more than its anticipated growth trajectory, had the deregistration not happened.

In the letter of demand, dated 13 March and addressed to ECN CEO Petrus Shaama, the party’s legal representatives, Kadhila Amoomo Legal Practitioners, argue that the commission’s decision to deregister the party in June 2024 caused reputational damage, loss of campaign resources and a mass departure of members.

The lawyers warn that unless the ECN responds by 19 March, the party will proceed with a damages claim in the High Court.

“Our client has instructed our office to demand damages suffered in the amount of N$6 712 391.40 multiplied by four seats, which is the projected representation our client would have achieved had it not been disadvantaged by your unlawful and wrongful deregistration before elections,” the letter states.

NEFF argues that it entered the election campaign under a cloud of controversy and with limited time to rebuild its public image.

“Despite successfully challenging the decision in the High Court, our client had less than three months to campaign for the national elections,” the lawyers wrote. “By then, it was too late. The damage was done.”

The party ultimately secured 3 978 votes, earning its president, Epafras Mukwiilongo, a single seat in the National Assembly.

‘Negative public perception’

The letter claims the deregistration sent a damaging message to voters.

“The message from your deregistration was clear: our client could not be trusted; our client misappropriated funds, and our client no longer exists, and therefore our client should not be voted for,” the lawyers’ letter states.

They further allege that the decision triggered an exodus of members to rival parties and led to the withholding of parliamentary funding that would otherwise have been used for campaign materials.

NEFF also claims the ECN ignored legal advice cautioning against the deregistration. “We also have evidence that you ignored a legal opinion which advised your office not to proceed with the deregistration of our client,” the letter states. “Instead, you chose to proceed and to defend the matter in the High Court.”

Court previously ruled against ECN

The dispute stems from the ECN’s decision to deregister NEFF in June 2024, citing the party’s failure to submit audited financial statements and publish abridged versions in national newspapers as required under the Electoral Act.

However, the Windhoek High Court later ruled in favour of the party, finding that the commission had violated its own procedures by failing to allow NEFF to be heard before cancelling its registration.

Judge Thomas Masuku said the commission should have followed the procedural steps set out in the Electoral Act. “First, the errant party must be given notice to comply within a period of 21 days. If it fails to do so, the errant party should then be informed that [ECN] contemplates deregistering it,” Masuku ruled.

“The political party should then show cause why the deregistration should not be invoked."

The judge concluded that the party had effectively been denied that opportunity. “I incline to the view that NEFF was given the short end of the stick,” Masuku said at the time.

Mounting legal pressure

The ECN has previously faced enforcement action over the matter. Last year, the High Court issued a writ of execution allowing the deputy sheriff to seize and auction the commission’s movable property after it failed to pay N$102 800 in legal costs owed to NEFF following the court ruling.

In the 2024 parliamentary elections, NEFF lost one of its two seats, resulting in party leader Epafras Mukwiilongo losing his place in the National Assembly. His deputy, Longinus Iipumbu, now holds the party’s sole seat in parliament.