Failed Otjinene by-election still in limbo

THE Office of the Attorney General has not yet decided whether it will approach the High Court to nullify the failed Otjinene by-election – five weeks after the exercise was suspended.

Sacky Shanghala, a senior aide to Attorney-General Pendukeni Ithana, told The Namibian yesterday that the AG’s office was still looking at a number of legal options before deciding on what step to take next. “There are a number of proposals given to us by the ECN (Electoral Commission of Namibia), we are still busy investigating them… we hope to finalise it this week and advise our client [ECN] accordingly,” Shanghala said.Apart from cancelling the election, Shanghala believes that there could by other ways out of the dilemma but declined to divulge them because “it is a confidential matter between the AG’s office and the ECN.”In a week’s time it will be exactly four months since Regional and Local Government and Housing Minister Joel Kaapanda declared – on February 29 – a vacancy in the Otjinene constituency after former Regional Councillor Billy Katjatenya, resigned from the DTA to join the National Unity Democratic Organisation (Nudo).The Regional Councils Act of 1992 prescribes a 90-day limit for holding a by-election whenever a vacancy occurs in the regional council.The by-election was set to take place on May 14, but the voting process had to be indefinitely suspended mid-way after the ECN ran out of ballot papers.As the failed result could only be nullified by a legal authority before corrective measures could be taken, the electoral body instructed the Attorney-General to ask the High Court to declared the May election null and void and to obtain a court order directing fresh election in the constituency.Media reports last week quoted Attorney-General Ithana as promising that her office was going to launch the urgent application with the court during the course of that week.But this has not yet been done.Yesterday, Ithana’s aide Shanghala played down criticisms that the ECN was violating the law by failing to hold the Otjinene by-elections within the required 90-day limit.”It is true that the by-election has to be held within 90 days… the Commission was in the process of doing exactly that until the problem came up,” he said.Director of Elections Phillemon Kanime said he could not comment on the delay in approaching the court to nullify the failed by-election.”Let us be patient and wait for the Office of the Attorney-General to finish their investigation.This matter is now in their hands,” Kanime said.The failed by-election was contested by the Congress of Democrats (CoD), Swapo, DTA and Nudo.”There are a number of proposals given to us by the ECN (Electoral Commission of Namibia), we are still busy investigating them… we hope to finalise it this week and advise our client [ECN] accordingly,” Shanghala said.Apart from cancelling the election, Shanghala believes that there could by other ways out of the dilemma but declined to divulge them because “it is a confidential matter between the AG’s office and the ECN.”In a week’s time it will be exactly four months since Regional and Local Government and Housing Minister Joel Kaapanda declared – on February 29 – a vacancy in the Otjinene constituency after former Regional Councillor Billy Katjatenya, resigned from the DTA to join the National Unity Democratic Organisation (Nudo).The Regional Councils Act of 1992 prescribes a 90-day limit for holding a by-election whenever a vacancy occurs in the regional council.The by-election was set to take place on May 14, but the voting process had to be indefinitely suspended mid-way after the ECN ran out of ballot papers.As the failed result could only be nullified by a legal authority before corrective measures could be taken, the electoral body instructed the Attorney-General to ask the High Court to declared the May election null and void and to obtain a court order directing fresh election in the constituency.Media reports last week quoted Attorney-General Ithana as promising that her office was going to launch the urgent application with the court during the course of that week.But this has not yet been done.Yesterday, Ithana’s aide Shanghala played down criticisms that the ECN was violating the law by failing to hold the Otjinene by-elections within the required 90-day limit.”It is true that the by-election has to be held within 90 days… the Commission was in the process of doing exactly that until the problem came up,” he said.Director of Elections Phillemon Kanime said he could not comment on the delay in approaching the court to nullify the failed by-election.”Let us be patient and wait for the Office of the Attorney-General to finish their investigation.This matter is now in their hands,” Kanime said.The failed by-election was contested by the Congress of Democrats (CoD), Swapo, DTA and Nudo.