A new revelation has surfaced that the Electoral Commission of Namibia (ECN) ignored legal advice from the Attorney General's office before illegally deregistering the Namibia Economic Freedom Fighters (NEFF). This led to a court defeat, with the ECN advised against deregistering NEFF without following due process.

In July 2024, the Government Attorney, representing the Attorney General, warned the ECN that its decision to deregister NEFF for non-compliance with financial reporting requirements was legally flawed. The letter clarified that the Electoral Act does not permit deregistration over financial matters but allows for penalties instead.

The government attorney also advised against defending the legal challenge brought by NEFF, warning that it would result in the party's victory and a waste of state resources. However, the ECN ignored this advice, leading to a court battle.

Last week, the High Court of Namibia overturned the ECN's decision, ruling that the deregistration was illegal, unconstitutional, and a violation of democratic principles. Judge Thomas Masuku noted that the ECN had acted beyond its legal authority and had failed to give NEFF a fair hearing.

The court concluded that the ECN violated NEFF's constitutional right to political participation under Article 17 and had undermined the democratic process it is supposed to protect.

The court ordered NEFF's immediate reinstatement and directed the ECN to cover legal costs. This ruling, just months ahead of Namibia’s national elections in November 2024, is a significant legal victory for NEFF.

Following the judgment, NEFF expressed relief and confirmed its participation in the upcoming elections, calling the ruling a victory for democracy and fairness. The ECN has yet to comment on both the ruling and the revelation that it disregarded legal advice.