Africa-Press – Namibia. The Electoral Commission of Namibia (ECN) has rectified the erroneous declaration of a Swapo candidate as duly elected for the Nkurenkuru constituency after the Electoral Court ruled the declaration null and void.
The ruling was made by deputy judge president Hannelie Prinsloo on Friday after the urgent application was unopposed.
The urgent application by the ECN to self-review and rectify the error was also heard before judge Esi Schimming-Chase and acting judge Reinhard Tótemeyer.
The commission was represented by legal practitioner Jabulani Ncube, who argued that the urgent application aimed to ensure the Nkurenkuru constituency electorate is granted the constitutional right to vote for their candidate of choice.
He added that a delay may hinder these rights.
“This court rules that the declaration of Swapo candidate Tenga Ndara for the Nkurenkuru constituency nomination as duly elected be null and void.
“This court also rules that Naomi Rebbekka of the Affirmative Repositioning (AR) be declared duly nominated,” Prinsloo ruled.
This means that the Nkurenkuru constituency will have Swapo and AR contesting for the regional council and local authority elections.
ECN last week in a statement acknowledged the error made by its returning officer, Kawana Muronga, and assured to update the public on the way forward.
ECN chief executive Peter Shaama at the time said they would take judicial steps to address the matter, as once a returning officer makes such a proclamation, it cannot be reversed.
In an urgent application, ECN chairperson Elsie Nghikembua stated that the returning officer declared a candidate duly elected, notwithstanding that more than one valid nomination had been submitted and was queued in the Political Parties and Candidates Management Portal.
“This is an administrative system to facilitate the nominations with enhanced due diligence for all the stakeholders in the election,” she said.
Nghikembua explained that the returning officer committed to verify all submitted nominations, leading to the wrongful conclusion that only one candidate was nominated, which triggered a premature and incorrect declaration in terms of Section 82(2) of the Electoral Act.
Nghikembua’s urgent application also wanted the court to rule that the poll in the Nkurenkuru constituency be held on 26 November, and those opposing the application be ordered to pay the cost.
The premature declaration occurred on 16 October during the public sitting for political parties to submit candidate lists, with a cut-off time set from 09h00 to 11h00. An extension was granted till 17 October at 15h00, to allow parties to rectify flagged non-compliances during the nomination submission process.
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