Kadhila Amoomo of Kadhila Amoomo Legal Practitioners, representing the Namibia Economic Freedom Fighters (NEFF), has issued a letter demanding the Electoral Commission of Namibia (ECN) withdraw its deregistration of the party.

The ECN announced its decision to deregister NEFF and CDV in a letter dated June 17, 2024, citing Section 152(f) of the Electoral Act 5 of 2014. This action was based on the parties' alleged failure to submit audited financial statements for the 2022–2023 period.

Amoomo’s letter challenges the legality of this decision, asserting that the ECN has overstepped its authority. According to Amoomo, Section 152(f) does not empower the ECN to deregister a political party solely for failing to submit audited accounts. Instead, the proper procedure is outlined in Section 140(6) of the Electoral Act, which stipulates that if a political party fails to lodge its audited accounts, the ECN must first cause the accounts to be audited at the party's expense and require the party to publish these accounts in two daily newspapers circulating throughout Namibia. Only after these steps can the ECN consider deregistration.

Amoomo highlighted that this process is distinct from other sections of the Electoral Act that directly contemplate deregistration. “For instance, Section 139(4) allows the ECN to cancel the registration of a political party if it fails to comply within 21 days of notice. This provision explicitly includes deregistration as a primary power, unlike Section 140(6)”. He argued that the premature deregistration of NEFF is unreasonable, unfair, and irrational, as it fails to comply with the necessary legal requirements.

Furthermore, Amoomo emphasised that the ECN has a duty to provide an opportunity for the political party to be heard before taking such drastic measures. Citing Section 152(f), he pointed out that the ECN must allow the party or its representatives to present their case in instances related to deregistration.