IPC, LPM challenge leaves ECN legal costs a mystery

The Electoral Commission of Namibia (ECN) remains unable to determine its legal costs after two opposition parties challenged the 2024 presidential and National Assembly elections, raising concerns over transparency and accountability.

The commission was taken to court in January by the Landless People’s Movement (LPM) and the Independent Patriots for Change (IPC) for “unlawfully” extending voting hours.

Both parties withdrew their legal challenge in March after the Supreme Court dismissed the presidential election challenge of IPC president Panduleni Itula and LPM leader Bernadus Swartbooi in a unanimous decision.

President Nangolo Mbumba demanded legal costs of N$500 000 and Swapo demanded N$600 000, while the ECN demanded N$750 000 should a ruling have been made in its favour.

The IPC, LPM, ECN, Mbumba and Swapo were, however, all informed to bear their own legal costs.

Questions sent to ECN spokesperson De Wet Siluka over a month ago on how much the commission has spent on lawyers defending the case were not responded to at the time of going to print.

An insider, however, revealed that the commission was not in a position to determine its exact legal expenditure, “as such a process takes time and is still ongoing”.

“It would be hard to say how much the ECN has spent on legal costs, as we are also waiting for the team tasked to make such a determination to conclude its process,” the source said.

IPC spokesperson and lawmaker Imms Nashinge yesterday said the commission’s “lack of transparency regarding its legal expenditure is of serious concern”.

He said accountability is vital as the ECN is funded by taxpayers.

“As a party, our position is one of firm opposition to this opacity, and we advocate for a full disclosure.

“What is it that the ECN has to hide? Erroneously, the ECN was awarded the same budget as last year when it did not have a general registration of voters this year – not once did they pronounce themselves,” Nashinge said.

Meanwhile, LPM spokesperson Lifalaza Simataa said not revealing how much the commission has spent on defending the elections has eroded trust in its leadership.

“There is a lack of transparency when it comes to communicating not only with political parties . . . but also in being transparent with individuals, also the public, as to how much is being used,” he said.

This, Simataa said, is an ongoing conversation the LPM has when the ECN says it cannot afford tablets or vehicles for its operations.

“Being able to account for how much money was spent will therefore also give us a picture of whether or not this election that’s coming up is going to be secure or not.

“Because we have an election that’s happening in every region or local and regional authority, do they have the funding to back it up and so forth?” he asked.

Mbumba extended last year’s elections to 29 and 30 November on a recommendation of the ECN, after the commission was informed that a shortage of ballot papers and problems with voter verification equipment at some polling stations resulted in voters being unable to take part in the event.

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