Authored on
Thu, 07/21/2022 - 23:11

The High Court Judges Hosea Angula, Beatrix Jagger, and Thomas Masuku will deliver judgement on the matter in which the Namibian Economic Freedom Fighters (NEFF) have taken the Electoral Commission of Namibia (ECN) to court after the ECN deregistered NEFF as a political party within seven working days.

The ECN deregistered NEFF and the Christian Democratic Voice last month for failing to submit financial statements as required by the Act.

Advocate Gerson |Narib, representing the ECN, argued that the Electoral Court lacks jurisdiction to hear the NEFF's case.

Addressing a full bench of judges, |Narib stated that the matter brought forward by NEFF falls under administrative law rather than election law, thus not warranting a full bench hearing. 

He emphasised that the court does not have the competency to adjudicate the issue.

|Narib's argument heavily relies on a previous court decision in the case of Independent Patriots for Change vs. ECN, where the court upheld the state's position on jurisdiction. 

He urged the court to dismiss the NEFF case on similar grounds.

Meanwhile, lawyer Kadhila Amoomo, representing NEFF, argued that the Electoral Court lacked jurisdiction and competence in this case.

Addressing Advocate |Narib's description of the Electoral Act as "peculiar," Amoomo countered, saying the Act is not clear and there is uncertainty surrounding the Act; then the court must find refuge in Article 17 of the Constitution.

He contended that the Act should not be used to close doors based on court interpretation and urged the court to interpret the Act in a manner that ensures equality for all parties.

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Emil Xamro Seibeb