CoD rebel faction wins case

MEMBERS of the Congress of Democrats (CoD), who walked out of a disputed party congress at Keetmanshoop last year and challenged their subsequent expulsion from the party in the High Court, have won on all points.

They must be reinstated as party members and in the positions they held prior to the congress, while the CoD must hold a new extraordinary congress within five months, Judge Louis Muller ruled yesterday. In addition, both factions must nominate one person each to serve on an internal electoral commission, which must be chaired by an independent person, to preside over that congress in December.”If the CoD members (of both factions) fail to reach consensus on the appointment of the chairperson, such a person shall be appointed by the President of the Society of Advocates,” Judge Muller stated in his 52-page ruling.However, the rebel faction, which includes Nora Schimming-Chase, Elma Dienda, Windhoek Town Councillor Herbert Schultz, veteran politician Moses Katjiuongua and Pauline Dempers, must bear 50 per cent of the legal costs.The late Reinhard Kala Gertze was also part of the group, as was Ignatius Shixwameni, who has in the meantime established another political party.The High Court ruling further concluded that the agreement both factions signed last August to establish an independent audit panel and to abide by its findings was indeed binding and both groups were obliged to follow its recommendations.The group under CoD leader Ben Ulenga pulled out of the agreement after the audit panel established that the leadership elections at Keetmanshoop were irregular, fraudulent and thus “null and void”.Ulenga then expelled the other faction and claimed the leaders elected at the controversial Keetmanshoop gathering were the rightful party leadership.Schimming-Chase, Gertze and Dienda then obtained a court order to retain their seats as Members of Parliament and for Schultz to stay on as City Councillor until the High Court case was finalised.”The fact of appending a signature means that the party in question is bound (by it),” Judge Muller ruled.”It is an established legal principle that parties to a contract are bound by it and to live with the consequences arising form such contracts.A mere change of circumstances does not entitle a contracting party to terminate it.”Expelling the seven CoD members was also wrong, as they did not have a chance to have their voices heard as stipulated by the party constitution.’SATISFIED’ Schimming-Chase said she was satisfied with the ruling.”Justice prevails and democracy has won.It means that I regain my position as CoD Vice President and Chief Whip of the party.”When The Namibian approached CoD President Ulenga to find out if his faction would appeal the ruling, he said he would first have to study the judgement in detail.”We will hold a press conference on Friday [today] and then we will give our opinion if we will appeal or not,” Ulenga said.In addition, both factions must nominate one person each to serve on an internal electoral commission, which must be chaired by an independent person, to preside over that congress in December.”If the CoD members (of both factions) fail to reach consensus on the appointment of the chairperson, such a person shall be appointed by the President of the Society of Advocates,” Judge Muller stated in his 52-page ruling.However, the rebel faction, which includes Nora Schimming-Chase, Elma Dienda, Windhoek Town Councillor Herbert Schultz, veteran politician Moses Katjiuongua and Pauline Dempers, must bear 50 per cent of the legal costs.The late Reinhard Kala Gertze was also part of the group, as was Ignatius Shixwameni, who has in the meantime established another political party. The High Court ruling further concluded that the agreement both factions signed last August to establish an independent audit panel and to abide by its findings was indeed binding and both groups were obliged to follow its recommendations.The group under CoD leader Ben Ulenga pulled out of the agreement after the audit panel established that the leadership elections at Keetmanshoop were irregular, fraudulent and thus “null and void”.Ulenga then expelled the other faction and claimed the leaders elected at the controversial Keetmanshoop gathering were the rightful party leadership.Schimming-Chase, Gertze and Dienda then obtained a court order to retain their seats as Members of Parliament and for Schultz to stay on as City Councillor until the High Court case was finalised.”The fact of appending a signature means that the party in question is bound (by it),” Judge Muller ruled.”It is an established legal principle that parties to a contract are bound by it and to live with the consequences arising form such contracts.A mere change of circumstances does not entitle a contracting party to terminate it.”Expelling the seven CoD members was also wrong, as they did not have a chance to have their voices heard as stipulated by the party constitution.’SATISFIED’ Schimming-Chase said she was satisfied with the ruling.”Justice prevails and democracy has won.It means that I regain my position as CoD Vice President and Chief Whip of the party.”When The Namibian approached CoD President Ulenga to find out if his faction would appeal the ruling, he said he would first have to study the judgement in detail.”We will hold a press conference on Friday [today] and then we will give our opinion if we will appeal or not,” Ulenga said.