Incoming members of parliament (MPs) currently employed in the civil service must uphold the law and resign from their current jobs, says political commentator Ben Mulongeni.
He says incoming MPs should resign from their government jobs despite the ongoing court case in which the Independent Patriots for Change (IPC) is challenging the credibility and outcome of last year’s presidential and National Assembly elections.
This follows a directive issued by Cabinet secretary George Simataa on Thursday in which public servants elected as MPs were told to repay their salaries received after the announcement of the outcome of the 2024 presidential and National Assembly elections.
“Having played a part in the election, you [should] obey that law prior to the court action … You must obey the law at all times, if you want to be an MP to make laws,” he said.
Mulongeni said MPs must follow the law, no matter what.
Commenting on the issue, the Landless People’s Movement (LPM) said the party’s MPs have already complied with the law.
“All our current MPs, as it stands with the ongoing court case, are in compliance, or this is not applicable as they are not in public service,” said LPM spokesperson Lifalaza Simataa.
He noted that while the case is being handled, it is expected the government should continue to function as expected, unless there is an order to prevent this.
“Therefore, we understand the approach of the government.”
However, the spokesperson said the LPM expressed a need to change the law last year.
“We felt it deterred capable Namibian citizens from participating in politics, as they would be forced to resign.”
He said the adjustment of the law in 2024 is a good first step in making politics accessible to all capable members, but there is still a long way to go.
“However, with this being an unprecedented scenario with the looming court case.
On a human level, we understand individuals who may be hesitant to resign pending the outcome of the case.”
Popular Democratic Movement lawmaker Max Katjimune yesterday said the law is not rational and that is why the PDM objected to it before Swapo MPs “bulldozed” it through.
“But be that as it may, the failure is also on the side of the human resources (HR) and payroll administrators in the government, because that provision is by operation of law.”
Katjimune said whether they want to resign or not, elected public servants are deemed to have resigned already, according to the law, on the day the commission declared the results.
“So the HR and payroll administrators in the government did not perform their due diligence by continuing to pay salaries, and this is why we have this confusion at the moment,” he added.
IPC spokesperson Imms Nashinge, who is yet to leave his full-time job at the information and communication technology ministry, says he does not consider any election to have taken place until the court says otherwise.
Nashinge labelled the Cabinet secretary’s directive as “madness” and “arrogance”.
“Justice will prevail. Madness and arrogance shall come to an end soon. For now, we shall observe.”
He further says he does not consider the current election results conclusive.
“The elections are contested and a baby of the court. Until then, we don’t have elections.”
The IPC is part of two election challenges. One in the Supreme Court in which the party is seeking a presidential re-election and the second, which includes the LPM, is in the Electoral Court, seeking to nullify the additional two days of voting in the 2024 National Assembly election.
The directive noted that public servants, including executive directors, accounting officers and chief regional officers, must repay the money they earned since December.
The Electoral Act states that civil servants who secure positions in the National Assembly are said to have resigned on the day the election results were announced.
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