Full Bench of Judges to hear Swartbooi and Parliament speaker’s case

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Full Bench of Judges to hear Swartbooi and Parliament speaker’s case
Full Bench of Judges to hear Swartbooi and Parliament speaker’s case

Africa-Press – Namibia. THE High court of Namibia, has resolved that the case in which Landless People’s Movement (LPM) leaders Bernhard Swartbooi and Henny Seibeb challenges the decision of the speaker of the National Assembly, Peter Katjavivi to suspended from parliament indefinitely, be heard before a full bench of High Court Judges.

The decision was, according to the joint report on the outcome the case management, taken due to the complex nature of the matter.

In this case, Swartbooi is seeking an order from the court which will review and set aside the decision of the Rules Committee ostensibly taken on 21 April 2021 to refer their matter to the Privileges Committee. The Committee took the decision to investigate their conduct and subsequently found them guilty.

The leaders of the Landless People’s Movement also want the court to set aside and declare the decision of the National Assembly in which it implemented the discoveries of a report from the privileges committee titled “Investigation into the conduct of Hon. Bernadus Swartbooi and Hon. Henny Seibeb, conducted on 15 April 2021 during the state of the Nation Address”, null and void.

The LPM leadership further wants some sections of the Standing Rules and Orders and Internal Arrangements of the National Assembly, declared unconstitutional.

During the 2021 State of the Nation Address by President Hage Geingob, the Speaker of the National Assembly in terms of rule 111 of the Standing Rules and Orders and Internal Arrangements of the National Assembly (Standing Rules) ordered the two LPM leaders to withdraw from the Assembly Chamber on account of disruptive behaviour.

A few days later, the Speaker in writing informed the LPM leaders that he had reported the matter to the Committee on Standing Rules and Orders for consideration, and he had invoked rule 124(a) of the Standing Rules and made a ruling that they ‘remain withdrawn from the House for the time being, where he subsequently indicated that this ruling would remain in force until it is set aside on the recommendation of the Standing Committee.

The duo took the matter to court and the High court ruled in favour of the Speaker of Parliament. They appealed to the supreme court in August 2021 and it was ruled that the speaker’s decision to suspend Swartbooi and Seibeb was unlawful.

Insofar as the case is concerned, it is postponed to April 13 for further hearing.

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