EFF deregistered in Namibia, party advocates denied work visas

The Namibia Economic Freedom Fighters (NEFF) and the Christian Democratic Voice (CDV) have been deregistered as political parties in Namibia. The Electoral Commission of Namibia (ECN) confirmed the deregistration on Monday, stating that further details would be provided in due course.

Compounding the controversy, NEFF’s legal team from South Africa, including Advocate Dali Mpofu and Advocate Lerato Moela, were denied work permits by Namibian immigration authorities, preventing their participation in court proceedings. NEFF has decried this as a tactic by the ruling party to undermine its legal representation.

Since March 2020, NEFF has held two seats in the National Assembly, while CDV has had one. The NEFF is contesting the deregistration, arguing that the Electoral Court lacks jurisdiction over the matter. This challenge was detailed in a notice sent to the court’s registrar and the NEFF’s lawyer, Kadhila Amoomo. The ECN contends that the court cannot hear the case as it does not constitute an electoral issue under the Electoral Act.

The NEFF was deregistered last month due to non-compliance with financial transparency laws. Specifically, the party failed to publish its audited financial statements as required. In response, the NEFF is arguing that its relative inexperience and the infancy of its organization contributed to this oversight.

Representing the state, Advocate Gerson Narib argued that the High Court lacks the jurisdiction to hear NEFF’s challenge, framing the issue as one of administrative law rather than an electoral matter. He asserted that the party’s failure to comply with legal requirements nullifies their claims of unlawful deregistration.

Amoomo, representing the NEFF, countered that the Electoral Act’s interpretation by the ECN is overly restrictive. He emphasized the importance of allowing political parties access to the High Court, invoking Article 17 of the Namibian Constitution to support his argument. Amoomo contended that the ECN contravened the Act by deregistering NEFF.

The deregistration of NEFF occurs just months before the presidential and national assembly elections, leading to the removal of NEFF’s president, Epafras Mukwiilongo, and deputy, Kalimbo Iipumbu, from parliament, as well as Gotthard Kandume of CDV.

In its legal arguments, NEFF claimed that its leadership and membership lack sophistication in electoral and audit matters due to the party’s relative youth. This defense has been perceived by some legal commentators as an attempt to gain sympathy from the court.

The ECN maintains that deregistration does not constitute an electoral issue, and thus, the matter falls outside the Electoral Court’s jurisdiction. This stance aligns with a recent court ruling dismissing a similar application by the Independent Patriots for Change (IPC).

Judges Thomas Masuku, Hosea Angula, and Beatrix De Jager will deliver a judgement on August 8th regarding the Electoral Court’s jurisdiction in this matter.

The Electoral Commission of Namibia issued the following statement: “The Commission reiterates its commitment to upholding the sound principles of democracy, transparency and fairness. We encourage all political parties to abide by the rules and regulations governing their participation in the democratic process, as this is essential for maintaining the integrity of our electoral system. We will continue to work closely with all political parties to ensure that they understand and comply with the requirements for registration.”

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