The dispute over the 2021 Rehoboth Baster chieftainship election will be heard in the Supreme Court, where appellant Rynault van Wyk is challenging a High Court decision that dismissed his application contesting the election’s validity.
The case arises from the election of a Kaptein, Jacky Britz, for the Rehoboth Baster Gemeente held in April of 2021, following the death of the previous leader, John McNab.
Van Wyk, a candidate in the election, claimed the process was irregular and unfair.
He based his challenge on the “Paternal Laws” of the Rehoboth Baster community, which he described as part of the community’s customary law.
The High Court dismissed his application, ruling that the Paternal Laws were repealed and therefore had no legal effect.
The court further found that Van Wyk had participated in the election with full knowledge of the rules and failed to prove that the election was not conducted freely and fairly.
In his appeal, Van Wyk argues that the lower court erred in treating his application as void solely because of the repeal of the Paternal Laws.
He maintains that the laws remain relevant to the community’s private governance and should have been considered in evaluating the election procedures.
He further challenges the High Court’s findings that he was aware of and consented to the election rules and that his participation barred him from later contesting the outcome.
Van Wyk also insists that the court failed to address specific procedural irregularities, including limited voter outreach, a N$100 participation fee, and the use of unverified vote tallies transmitted by SMS.
The respondents maintain that the election was conducted properly, that all candidates were informed of the procedures, and that Van Wyk’s challenge is without merit.
The Supreme Court is expected to determine whether the High Court erred in declaring the application void based on the repeal of the Paternal Laws and whether the appellant’s claims regarding election irregularities warrant further consideration.