The Electoral Commission of Namibia (ECN) has been criticised by the High Court for its handling of the Namibia Economic Freedom Fighters (NEFF) case.

In a judgement, High Court Judge Thomas Masuku found the ECN’s decision to deregister the NEFF on June 17, 2024, unlawful. The court ruled that the ECN acted irrationally and in violation of established legal principles. The NEFF, represented by lawyer Kadhila Amoomo of Kadhila, was deregistered by the ECN for "failing in its obligations under sections 139 and 140 of the Electoral Act 5 of 2014, which mandate the submission of audited financial statements and their publication".

Judge Masuku, however, emphasised that the deregistration of a political party, especially without due process, undermines the democratic principle of pluralism, where diverse political views and parties are essential for a healthy democracy.

He highlighted that political parties play a crucial role in representing various interests and viewpoints within a democratic system.

The court’s ruling held that deregistration, as a final measure, should only be considered after all other less severe measures have been exhausted. Such a drastic step stands in opposition to democratic principles, which require fairness and proportionality in regulatory actions.

The court noted that the ECN’s approach failed to adhere to the principle of audi alteram partem, which requires that a party be given a fair hearing before adverse decisions are made. The NEFF had been granted a deadline of June 30, 2024, to comply with these requirements, creating a legitimate expectation that deregistration would not occur before this deadline.

Judge Masuku ordered the ECN to reinstate the NEFF and cover the costs of the application.