Independent Patriots for Change (IPC) leader Panduleni Itula has threatened legal action to stop the appointment of Electoral Commission of Namibia (ECN) commissioners, arguing that the process followed by president Netumbo Nandi-Ndaitwah is unconstitutional.
In a statement issued on Thursday, Itula says the president’s letters to parliament “nominate” candidates for approval instead of appointing them as required under Article 94B of the Constitution.
He argues that the Constitution empowers the president to appoint commissioners, subject to National Assembly approval, and not merely nominate them. According to Itula, parliament cannot convert a nomination into a constitutional appointment.
The IPC also questions the wording of the president’s letters, saying they amount to recommendations rather than formal instruments of appointment. It further argues that the nomination of ECN chairperson Gerson Sindano is incomplete because it does not clearly state the duration of his term.
The party has also raised concerns that sworn declarations on political affiliations, required under a government gazette, were not included in the documents submitted to parliament.
“IPC members of parliament will object to the motion in the National Assembly and demand that it be returned to the president for compliance with the Constitution. Should parliament proceed with the vote, the party will approach the High Court seeking an order declaring the process unconstitutional and preventing the nominees from taking office pending the outcome of the case,” Itula warns.
Affirmative Repositioning leader Job Amupanda has also lodged a second application to the High Court after the first one was rejected to demand the release of the interview minutes.
