LPM joins IPC’s election challenge, pushing for review of 2024 National Assembly results

The Electoral Court has allowed the Landless People’s Movement (LPM) to become a co-applicant in the legal challenge of the Independent Patriots for Change (IPC) regarding Namibia’s 2024 National Assembly election.

Judges Hannelie Prinsloo, Orben Sibeya and Esi Schimming-Chase yesterday ordered that the LPM can become the second applicant in the IPC’s application for the court to set aside the 2024 National Assembly election as unlawful and invalid, for being inconsistent with the Constitution and part of the Electoral Act of 2014.

The order was made after lawyer Patrick Kauta, representing the LPM, informed the judges that the respondents opposing the IPC’s election challenge – the president, the Electoral Commission of Namibia (ECN) and Swapo – were no longer opposing the LPM’s application to join the IPC’s case as a co-applicant.

The judges also ordered that the LPM must post a total amount of N$300 000 by 3 March as security for the legal costs of the president, ECN and Swapo.

The Electoral Act states that an applicant in a legal challenge to an election must furnish security for the payment of costs that may follow an application in the Electoral Court.

A next status hearing for the case is scheduled to take place on 6 March.

Prinsloo, Sibeya and Schimming-Chase on 20 January ruled that the IPC’s election challenge will not proceed until the Supreme Court has decided a similar case about the 2024 presidential election.

The Supreme Court on 10 February heard oral arguments on an application by IPC leader Panduleni Itula to have the outcome of the presidential election declared unlawful and invalid, and to set aside the election. With the court reserving its judgement after hearing the arguments, chief justice Peter Shivute said the court expects to be able to hand down its decision by 28 February.

Kauta told the three Electoral Court judges yesterday that the LPM’s election challenge is far narrower than that of the IPC. While the IPC is alleging there were irregularities in the National Assembly election on 27 November last year and the extended voting days of 29 and 30 November, the LPM’s legal challenge of the election is only aimed at the legality of the extension of the election after 27 November, Kauta indicated.

He also said the LPM is not asking the court to set aside the entire National Assembly election.

The IPC and LPM are both claiming that president Nangolo Mbumba did not have the power to extend the National Assembly and presidential elections beyond 27 November last year, which was initially proclaimed as the only election day.

In an affidavit filed at the Electoral Court, LPM leader Bernadus Swartbooi says the court should set aside the entire National Assembly election if it cannot separate votes lawfully cast on 27 November from votes that the LPM claims were unlawfully cast during the extended election period.

Swartbooi also says in his affidavit that if lawful votes, cast on 27 November, can be separated from alleged unlawful votes cast after the initial election day, the court should declare the extended election invalid and the election result should be determined based only on votes from 27 November.

Swapo won 51 of the 96 elected seats in the National Assembly in the election, while the IPC won 20 seats and the LPM won five seats. If votes cast on 29 and 30 November are excluded, Swapo would be allocated one more seat in the National Assembly and the IPC would get 19 seats, according to the ECN.

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