Africa-Press – Namibia. SIX former parliamentarians, who were members of the Popular Democratic Movement (PDM), have taken legal action against the PDM, the Electoral Commission of Namibia (ECN), and the National Assembly over financial losses amounting to N$9 million.
This comes as new members of parliament are in Swakopmund for induction training.
The losses the six former MPs claim were incurred after the PDM’s president, McHenry Venaani, unconstitutionally removed them from the parliamentary list.
While orders from the High Court and the Supreme Court ultimately led to their reinstatement, the former MPs have now returned to demand the unpaid wages they would have received during the period from 20 March 2020 to 31 May 2022, in which they were unjustly excluded from Parliament.
The plaintiffs – Mike Rapuika Venaani (the father of McHenry Venaani), Raymond Reginald Diergaardt, Charmaine Tjirare, Yvette Areas, Nghidipohamba Lukas Hamata, and Tjekupe Maximalliant Katjimune – argue that, as members of the first defendant, the PDM, they were duly nominated to the party list of candidates for the National Assembly. Their names were submitted to the second defendant, in accordance with Section 77(1) of the Electoral Act.
“In violation of Sections 77, 78, and 110(3)(b)(i) of the Electoral Act, the first defendant (PDM), after the National Assembly elections of 27 November 2019, submitted to the second defendant a list of persons purportedly nominated by the first defendant as candidates for the National Assembly. This list excluded the plaintiffs. Had it not been for the unconstitutional, wrongful, and unlawful conduct of the first, second, and third defendants, the plaintiffs would have been sworn in as duly elected members of the National Assembly on 20 March 2020, with their terms of office commencing on 21 March 2020 and expiring on 20 March 2025. Each plaintiff would have earned remuneration, allowances, and benefits amounting to N$1,560,980.43,” wrote Norman Tjombe, the legal representative for the plaintiffs.
He added that the unconstitutional conduct of the first, second, and third defendants was set aside by the Electoral Court on 13 July 2020. This was subsequently upheld by the Supreme Court on appeal on 30 May 2022, conclusively determining the plaintiffs’ rights and cause of action. As a result of the Supreme Court’s ruling, the plaintiffs were sworn in as duly elected members of the National Assembly on 6 June 2022.
“As a consequence of the aforementioned unconstitutional, unlawful, and wrongful conduct of the first, second, and third defendants, each of the plaintiffs suffered damages amounting to N$1,560,980.43. This figure represents the combined monthly remuneration, allowances, and benefits that each plaintiff would have been paid by the second defendant as members of the National Assembly from 20 March 2020 to 31 May 2022. These payments are determined in accordance with the Public Office-bearers (Remuneration and Benefits) Commission Act, Act 3 of 2005,” Tjombe said. He further added that each plaintiff is entitled to be paid this amount.
For More News And Analysis About Namibia Follow Africa-Press
