Nudo feud threatens poll

THE battle over control of one of Namibia’s oldest political organisations, Nudo, moved to the High Court in Windhoek yesterday, where it played out before a packed courtroom of political comrades turned into feuding rivals.

The DTA of Namibia is now set to hear next Tuesday whether it has succeeded in its bid to prevent the National Unity Democratic Organisation, which was registered by Herero Paramount Chief Kuaima Riruako in December, from participating in the Grootfontein Regional Council by-election. Yesterday Victor Tonchi, Chairman of the Electoral Commission, maintained that the by-election would go on as scheduled on Thursday despite the fact that Tuesday’s ruling will give the Directorate only a day to get ballot papers for the by-election printed and ready.The printing of the papers was halted pending the outcome of the case.At stake is not only the entry of the former DTA member party – into the first election it will have contested on its own since Independence – registered by Riruako.The status of the DTA as an alliance of previously ethnically-based political organisations of which Nudo is – or was – one of the main components, and the question of whether the DTA leadership will be able to halt the party falling apart into its component parties, are also at stake.Nudo’s history stretches back to late 1964, when the late Herero Chief Hosea Kutako was one of its leading founding members.By yesterday, Acting Judge John Manyarara was landed with the task of ruling which incarnation of the 39-year-old organisation was the “fake Nudo” and which one the “real Nudo”.He will have to decide whether the party registered by Riruako is either of those and whether its candidate will be allowed to take part in Thursday’s by-election at Grootfontein.The largest part of the time that lawyers Raymond Heathcote and Harald Geier spent addressing Acting Judge Manyarara yesterday was devoted to arguing whether the case was urgent.Heathcote is representing the DTA, its Grootfontein by-election candidate Edgar Francis and what he said was the “real Nudo”; Geier appeared for Riruako and the “Nudo” candidate in the planned poll, Augustinus Mbakunguna.Geier referred to the Nudo represented by Heathcote as “fake”- just as Heathcote referred to Riruako’s party as the “fake Nudo”.Already by October 9 last year, the DTA leadership had got wind of the fact that Riruako planned to register Nudo as a separate party; by December 5 it knew that the Electoral Commission had allowed the registration, and by December 18 it knew that the Commission had no intention of de-registering Nudo as demanded by the legal representatives of the DTA-affiliated Nudo, Geier said.However, it was only by January 30 that the bid to prevent the Nudo candidate from taking part in the Grootfontein poll was filed with the court.Because that was an inordinate delay, the case should not be heard on an urgent basis, Geier argued.Heathcote disputed this argument, saying that it was not “the fake Nudo’s” registration as a political party that was being attacked in the urgent case.That would come under attack later in an application in which the DTA – represented by DTA President Katuutire Kaura – and ‘its Nudo’ would ask the High Court to set aside the Electoral Commission’s decision to register the ‘Riruako Nudo’.According to Heathcote, the ‘DTA Nudo’ only had cause to approach the court on an urgent basis after January 23, when the date of the by-election and names of the candidates who would take part, including a candidate representing “the fake Nudo”, were published in the Government Gazette.Riruako acted without Nudo’s authority and, contrary to its constitution, which binds it to the DTA, and, “on a frolic of his own”, come February 12, “a fake Nudo” would contest an election and misleading voters at Grootfontein, Heathcote charged.But in terms of the Electoral Act the DTA-Nudo had no right to ask the Electoral Commission not to register Riruako’s party, because the DTA Nudo itself was not registered, Geier argued.In any event, he added, the DTA need not try to stop the Nudo candidate’s participation in the poll by resorting to an urgent application now.He said the Electoral Act gave any party the option to challenge the legality of an election in the High Court, after the poll had been conducted.Yesterday Victor Tonchi, Chairman of the Electoral Commission, maintained that the by-election would go on as scheduled on Thursday despite the fact that Tuesday’s ruling will give the Directorate only a day to get ballot papers for the by-election printed and ready. The printing of the papers was halted pending the outcome of the case. At stake is not only the entry of the former DTA member party – into the first election it will have contested on its own since Independence – registered by Riruako. The status of the DTA as an alliance of previously ethnically-based political organisations of which Nudo is – or was – one of the main components, and the question of whether the DTA leadership will be able to halt the party falling apart into its component parties, are also at stake. Nudo’s history stretches back to late 1964, when the late Herero Chief Hosea Kutako was one of its leading founding members. By yesterday, Acting Judge John Manyarara was landed with the task of ruling which incarnation of the 39-year-old organisation was the “fake Nudo” and which one the “real Nudo”. He will have to decide whether the party registered by Riruako is either of those and whether its candidate will be allowed to take part in Thursday’s by-election at Grootfontein. The largest part of the time that lawyers Raymond Heathcote and Harald Geier spent addressing Acting Judge Manyarara yesterday was devoted to arguing whether the case was urgent. Heathcote is representing the DTA, its Grootfontein by-election candidate Edgar Francis and what he said was the “real Nudo”; Geier appeared for Riruako and the “Nudo” candidate in the planned poll, Augustinus Mbakunguna. Geier referred to the Nudo represented by Heathcote as “fake”- just as Heathcote referred to Riruako’s party as the “fake Nudo”. Already by October 9 last year, the DTA leadership had got wind of the fact that Riruako planned to register Nudo as a separate party; by December 5 it knew that the Electoral Commission had allowed the registration, and by December 18 it knew that the Commission had no intention of de-registering Nudo as demanded by the legal representatives of the DTA-affiliated Nudo, Geier said. However, it was only by January 30 that the bid to prevent the Nudo candidate from taking part in the Grootfontein poll was filed with the court. Because that was an inordinate delay, the case should not be heard on an urgent basis, Geier argued. Heathcote disputed this argument, saying that it was not “the fake Nudo’s” registration as a political party that was being attacked in the urgent case. That would come under attack later in an application in which the DTA – represented by DTA President Katuutire Kaura – and ‘its Nudo’ would ask the High Court to set aside the Electoral Commission’s decision to register the ‘Riruako Nudo’. According to Heathcote, the ‘DTA Nudo’ only had cause to approach the court on an urgent basis after January 23, when the date of the by-election and names of the candidates who would take part, including a candidate representing “the fake Nudo”, were published in the Government Gazette. Riruako acted without Nudo’s authority and, contrary to its constitution, which binds it to the DTA, and, “on a frolic of his own”, come February 12, “a fake Nudo” would contest an election and misleading voters at Grootfontein, Heathcote charged. But in terms of the Electoral Act the DTA-Nudo had no right to ask the Electoral Commission not to register Riruako’s party, because the DTA Nudo itself was not registered, Geier argued. In any event, he added, the DTA need not try to stop the Nudo candidate’s participation in the poll by resorting to an urgent application now. He said the Electoral Act gave any party the option to challenge the legality of an election in the High Court, aft
er the poll had been conducted.