Electoral court deliberates next steps in election dispute

16 January, 2025

By: Envaalde Matheus

The Electoral Court was unable to pronounce itself regarding the IPC and LPM’s application challenging alleged irregularities in the National Assembly election.

The two parties are contesting the constitutionality of President Nangolo Mbumba’s proclamation to extend the 2024 elections to 29 and 30 November.

The court will resume on 20th January to decide whether to deliver a hearing or wait on the Supreme Court ruling set for February 10.

Lawyer Vipuakuje Muharukua summed up Wednesday’s court proceedings.

“The issue is whether the court should continue hearing this matter or stay it. The reasoning behind staying it is that the Supreme Court is scheduled to hear the applicants’ case regarding the presidential elections on February 10,” he said.

Muharukua said while this case arises from the same set of events, it pertains specifically to the presidential elections.

“This issue arose not because either party requested a stay, but because the court itself asked the parties to present arguments on why the matter should not be stayed pending the Supreme Court proceedings,” he said.
“What unfolded in court was that the applicants, initially both the LPM and the IPC, with the IPC now being the sole applicant, argued that there was no compelling reason for the matter not to be stayed,” added Muharukua.

He added that the respondents, including Swapo, the Presidency, and the Electoral Commission of Namibia (ECN), requested the applicant (IPC) to furnish security for costs as required by law.

“The IPC advocate argued that there was no need for security and, if security were to be required, it should be set at zero, a rather unconventional argument but one that was nonetheless made,” he said.

Muharukua explained that the basis for the reasoning was that the case before the court was neither frivolous nor unfounded.

“The advocate contended that there was no prospect of the court issuing a cost order, as under electoral law, the electoral court may only award costs against a respondent or another party in cases involving a frivolous defense,” said Muharukua.

Written by: Hertha

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