Summary of Election Judgement
BAB FROM ||KHARAS WRITES:
I’m inawing how the state machinery could have made a judgement against the hand that feeds them.
As we all know, in terms of Article 5 of the Namibian Constitution, the Government consists of three (3) organs, viz. Executive, Legislature and Judiciary.
There have been unabated calls and outcries for the separation of powers of these organs, but really very little or nothing has been done to realize this.
Secondly, the question begs, is the Judiciary really independent? You can’t make a ruling against the Government, which puts bread on the table for you. When the Judge President, Peter Shivute started in his ruling that the “Respondents”, being the Acting President, H.E. Nangolo Mbumba and the President-elect, H.E. Nandi Netumbo Ndaiwatha then knew already that the judgement was in their favour.
What I made of that was that the provisions of Section 64 (1)(e); Section 64 (1)(b) of the Electoral Act No. 5 of 2014; Proclamation 34 of 2024, which deals with the extension of the 27th November 2025 Presidential & National Assembly elections; Section 12 of the Electoral Act No. 5 of 2014; Section 1(1) of the same Act and Article 32(1) of the Namibian Constitution, which directly deals with the powers, functions and duties of the President are deliberately being misconstrued to suit their position.
The decision to extend the election was reportedly in public interest to allow them the opportunity to exercise their constitutional democratic fundamental basic human rights without disenfranchising them of their rights.
The occasion and circumstances apparently permitted the extension, but there was no discrimination at all and lastly there are reportedly no time limit for concluding of voting.
Therefore, the end result was that the challenge of the Applicants failed, coupled with the fact that there were no contrasting Reports in the Occurrence Books to this fact.
* Rubrieke, meningstukke, briewe en SMS’e deur lesers en meningvormers weerspieël nie noodwendig die siening van Republikein of Network Media Hub (NMH) nie. As mediahuis onderskryf NMH die etiese kode vir Namibiese media, soos toegepas deur die Media-ombudsman.
I’m inawing how the state machinery could have made a judgement against the hand that feeds them.
As we all know, in terms of Article 5 of the Namibian Constitution, the Government consists of three (3) organs, viz. Executive, Legislature and Judiciary.
There have been unabated calls and outcries for the separation of powers of these organs, but really very little or nothing has been done to realize this.
Secondly, the question begs, is the Judiciary really independent? You can’t make a ruling against the Government, which puts bread on the table for you. When the Judge President, Peter Shivute started in his ruling that the “Respondents”, being the Acting President, H.E. Nangolo Mbumba and the President-elect, H.E. Nandi Netumbo Ndaiwatha then knew already that the judgement was in their favour.
What I made of that was that the provisions of Section 64 (1)(e); Section 64 (1)(b) of the Electoral Act No. 5 of 2014; Proclamation 34 of 2024, which deals with the extension of the 27th November 2025 Presidential & National Assembly elections; Section 12 of the Electoral Act No. 5 of 2014; Section 1(1) of the same Act and Article 32(1) of the Namibian Constitution, which directly deals with the powers, functions and duties of the President are deliberately being misconstrued to suit their position.
The decision to extend the election was reportedly in public interest to allow them the opportunity to exercise their constitutional democratic fundamental basic human rights without disenfranchising them of their rights.
The occasion and circumstances apparently permitted the extension, but there was no discrimination at all and lastly there are reportedly no time limit for concluding of voting.
Therefore, the end result was that the challenge of the Applicants failed, coupled with the fact that there were no contrasting Reports in the Occurrence Books to this fact.
* Rubrieke, meningstukke, briewe en SMS’e deur lesers en meningvormers weerspieël nie noodwendig die siening van Republikein of Network Media Hub (NMH) nie. As mediahuis onderskryf NMH die etiese kode vir Namibiese media, soos toegepas deur die Media-ombudsman.
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