By: Envaalde Matheus
The amended Electoral Act requires anyone bringing a case to the court to pay security for costs.
This financial guarantee covers legal fees if the case is unsuccessful.
In the ongoing election results challenge, Swapo and President Nangolo Mbumba have asked Independent Patriots for Change(IPC) to pay N$450 000 as security for cost.
Lawyer Henry Shimutwikeni explained that the security for costs is determined by the court, which has the discretion to make this determination after hearing arguments from both sides.
Shimutwikeni said that security for costs protects respondents from unnecessary financial burdens when defending court challenges. “ Generally speaking, even beyond this particular matter, the aspect of costs relates to the scenario where a party is unsuccessful,” he said.
“Once you come to court, you ordinarily engage a lawyer and pay certain fees for representation. However, the other party, who is compelled to respond, also has to engage a lawyer and incur costs that they would have faced had the case not been brought. In the event that you lose, you are ordinarily ordered to pay the costs of the party you brought to court”.
Shimutwikeni warned that this requirement could discourage smaller political parties or individuals from filing cases, especially those with limited resources.
Additionally, Shimutwikeni further explained that this requirement doesn’t apply to Supreme Court cases involving presidential election challenges, raising questions about fairness in the legal process.
