The Supreme Court will deliver its judgement on February 28 in the case challenging President Nangolo Mbumba’s decision to extend the recent presidential election.
The case, brought by opposition leaders Panduleni Itula of the Independent Patriots for Change (IPC) and Bernadus Swartbooi of the Landless People’s Movement (LPM), questions the legality of the President’s extension of polling beyond the scheduled period.
During arguments, Advocate Kameel Premhid, representing the LPM, argued that President Mbumba's extension violated the Electoral Act.
He stated that the law grants the presiding officer, not the President, the power to extend voting for those already in line at closing time.
Premhid said that if the law does not explicitly authorise such an extension, then the decision is unlawful and must be invalidated.
Similarly, Anton Katz, representing the IPC leader Penduleni Itula, contended that only the Electoral Commission of Namibia had the authority to make such a decision, and even then, only before polls opened.
Katz argued that the legal basis of the challenge warranted a full annulment of the election results.
President Mbumba’s legal representative, Advocate Raymond Heathcote, dismissed the opposition's claims as unsubstantiated.
Heathcote criticised allegations of irregularities, including claims that 100,000 Namibians were denied the right to vote and accusations of foreign voter interference, stating that they were based on social media speculation rather than concrete evidence.
Heathcote urged the court to dismiss the case, arguing that electoral challenges should be based on verifiable facts rather than political grievances.
During proceedings, Deputy Chief Justice Petrus Damaseb questioned Katz on why IPC sought a full election annulment rather than a self-review, while Supreme Court Judge Sylvester Mainga raised concerns about the lack of arguments and supporting evidence in Itula’s case.
With legal arguments concluded, the Supreme Court will now rule on whether the election extension was lawful and whether the results will stand.
The judgement is expected on February 28.