Doubts dog Swapo expulsion

A BIG question mark has developed over the constitutionality of the Swapo politburo’s decision to expel former Trade Minister Jesaya Nyamu from the ruling party.Nyamu was “excommunicated” last week for alleged attempts to create a split in the party.

The ruling party’s Central Committee, which met at the weekend, accepted the politburo decision. In terms of Swapo’s constitution, the 21-member politburo needs a two-thirds majority, with the exception of the party’s President, Vice President, Secretary General and Deputy Secretary General, to expel a member.Sources said that at least 12 of the 17 voting members should have been present at the meeting to expel Nyamu.The Namibian has it on good authority that only 11 politburo members attended the meeting, which would make the decision unconstitutional.Prime Minister Nahas Angula, Deputy Prime Minister Libertina Amathila, Speaker Theo-Ben Gurirab, Agriculture Minister Nicky Iyambo, Swapo Chief Whip Ben Amathila and Secretary General Ngarikutuke Tjiriange were reportedly not present at the meeting.They were either out of the country or out of the city.Apart from Tjiriange, the rest are members with voting rights.Nyamu was not given a chance to answer to the allegations against him.Sources indicated to The Namibian that a suggestion was made that the meeting should first hear Nyamu’s side of the story, but it was rejected and voting continued.”At least we should have given him [Nyamu] the platform.In (Paulus) Kapia’s case, he even appealed against the decision.From the look of events, more people will face similar actions.We expect old cases to be revived,” one source said.A senior party member claimed the politburo actually met the criteria of the constitution because Nyamu was no longer counted as a politburo member when the decision was taken, although the former Minister was technically still a politburo member at that stage.Efforts to get hold of Tjiriange to verify the constitutionality proved in vain.He was out of town.Nyamu joined Swapo in 1962 and went into exile in Tanzania, eventually going on to be a Swapo representative in Zambia, Tanzania, Ethiopia, Zimbabwe and Angola.He was a member of the National Assembly from 1991, was Deputy Minister of Mines and Energy from 1991 to 1999, and Minister of Mines and Energy from 1999 to 2002.He served as Minister of Trade and Industry from 2002 until March 2005.Swapo party president Sam Nujoma claimed last week that Nyamu was guilty of “incitement of division, violence and factionalism” within the party.He said Nyamu would no longer carry out any activity in the name of the party or speak and address members.Nujoma’s statement reached The Namibian before Nyamu had heard about it.Nyamu has yet to publicly react to his banishment from the party.Sources said Nyamu had expected steps to be taken against him after notes, expressing thoughts about the possibility of forming another political party, were found in his office last year.The notes, written on four small pieces of paper, lay out two options, apparently for supporters of former Foreign Affairs Minister Hidipo Hamutenya, who was dismissed by Nujoma in the heat of the presidential race.On one paper, Nyamu wrote: “For those still in Government, stay the course till March 21.Effect: endure humiliation; discourage loyalists; allow elections to go ahead as if nothing has taken place; Namibian image less damaged; consolidation of Nujoma’s group.”Option two, he said, was to “quit Government one by one and make strong statements to the press”.Nyamu, who nominated Hamutenya to take on President Hifikepunye Pohamba for the vice presidency of Swapo three years ago, never denied that he was the author of the notes.He was more interested in knowing how people got hold of the notes, which were concealed in his office while he was still Minister of Trade.Nyamu also said that Swapo was democratic and, therefore, there was nothing wrong with putting his thoughts on paper.For him, those with agendas had to answer to a charge of theft from his office and the party had to investigate the reasons that led to his thoughts, rather than taking action against him.In terms of Swapo’s constitution, the 21-member politburo needs a two-thirds majority, with the exception of the party’s President, Vice President, Secretary General and Deputy Secretary General, to expel a member.Sources said that at least 12 of the 17 voting members should have been present at the meeting to expel Nyamu.The Namibian has it on good authority that only 11 politburo members attended the meeting, which would make the decision unconstitutional.Prime Minister Nahas Angula, Deputy Prime Minister Libertina Amathila, Speaker Theo-Ben Gurirab, Agriculture Minister Nicky Iyambo, Swapo Chief Whip Ben Amathila and Secretary General Ngarikutuke Tjiriange were reportedly not present at the meeting.They were either out of the country or out of the city.Apart from Tjiriange, the rest are members with voting rights.Nyamu was not given a chance to answer to the allegations against him.Sources indicated to The Namibian that a suggestion was made that the meeting should first hear Nyamu’s side of the story, but it was rejected and voting continued.”At least we should have given him [Nyamu] the platform.In (Paulus) Kapia’s case, he even appealed against the decision.From the look of events, more people will face similar actions.We expect old cases to be revived,” one source said.A senior party member claimed the politburo actually met the criteria of the constitution because Nyamu was no longer counted as a politburo member when the decision was taken, although the former Minister was technically still a politburo member at that stage.Efforts to get hold of Tjiriange to verify the constitutionality proved in vain.He was out of town.Nyamu joined Swapo in 1962 and went into exile in Tanzania, eventually going on to be a Swapo representative in Zambia, Tanzania, Ethiopia, Zimbabwe and Angola.He was a member of the National Assembly from 1991, was Deputy Minister of Mines and Energy from 1991 to 1999, and Minister of Mines and Energy from 1999 to 2002.He served as Minister of Trade and Industry from 2002 until March 2005.Swapo party president Sam Nujoma claimed last week that Nyamu was guilty of “incitement of division, violence and factionalism” within the party.He said Nyamu would no longer carry out any activity in the name of the party or speak and address members.Nujoma’s statement reached The Namibian before Nyamu had heard about it.Nyamu has yet to publicly react to his banishment from the party.Sources said Nyamu had expected steps to be taken against him after notes, expressing thoughts about the possibility of forming another political party, were found in his office last year.The notes, written on four small pieces of paper, lay out two options, apparently for supporters of former Foreign Affairs Minister Hidipo Hamutenya, who was dismissed by Nujoma in the heat of the presidential race.On one paper, Nyamu wrote: “For those still in Government, stay the course till March 21.Effect: endure humiliation; discourage loyalists; allow elections to go ahead as if nothing has taken place; Namibian image less damaged; consolidation of Nujoma’s group.”Option two, he said, was to “quit Government one by one and make strong statements to the press”.Nyamu, who nominated Hamutenya to take on President Hifikepunye Pohamba for the vice presidency of Swapo three years ago, never denied that he was the author of the notes.He was more interested in knowing how people got hold of the notes, which were concealed in his office while he was still Minister of Trade.Nyamu also said that Swapo was democratic and, therefore, there was nothing wrong with putting his thoughts on paper.For him, those with agendas had to answer to a charge of theft from his office and the party had to investigate the reasons that led to his thoughts, rather than taking action against him.