Six PDM members demand N$9m over lost wages after list removal dispute

Six Popular Democratic Movement (PDM) members are demanding N$9 million in compensation for lost wages after their leader McHenry Venaani in 2019 allegedly unconstitutionally removed them from the parliamentary list.

PDM secretary general Manuel Ngaringombe confirmed this yesterday.

“Yes I am made aware that six of our members are suing the party but I do not have the court document to tell you what they are suing the party for at this stage. Maybe you can confirm with parliament,” he said.

The PDM has been cited as the first defendant, the National Assembly as second defendant and the Electoral Commission of Namibia (ECN) as third defendant according to High Court documents seen by The Namibian.

The six – Charmine Tjirare, Nghidipohamba Lukas Hamata, Maximalliant Katijmune, Mike Rapuikua Venaani (McHenry Venaani’s father), Raymond Reginald and Yvette Araes – were reinstated in 2022 following orders from the Supreme Court, and are now demanding compensation for their wages during the period of 20 March 2020 to 31 May 2022, in which they did not serve in parliament.

Their lawyer, Norman Tjombe, argues that the six now former parliamentarians were duly nominated to the party candidate list of the National Assembly, from which names were submitted to the ECN in accordance with section 77(1) of the Electoral Act.

Following the 2019 National Assembly election results, he says the six members were duly elected members of parliament (MPs) effective 21 March 2020 until 20 March 2025, as per the Namibian Constitution.

The matter was set aside by the Electoral Court on 13 July 2020 and thereafter on appeal, the Supreme Court on 30 May 2022 ruled in their favour.

Tjombe argued that ECN unlawfully announced and declared members whose names were not on the published list, thereby violating section 110(3)(b)(i) of the Electoral Act.

Had it not been for what Tjombe describes as the unconstitutional, wrongful and unlawful conduct of the PDM, National Assembly and ECN, the plaintiffs would have been sworn in as duly elected members of National Assembly.

“Each plaintiff would have earned the remuneration, allowances and benefits as members of the National Assembly amounting to over N$1.5 million as determined in terms of the Public Office-bearers (Remuneration and Benefits) Commission Act,” he says.

In February this year, Venaani told The Namibian that the court made a clear ruling that PDM, in its conduct, was not malicious and that no compensation shall be paid to new MPs.

“It was not even a prayer in their case hence demanding it now is without cause”.

Both parliament and the PDM, Venaani said, are guided by the court ruling.

“Although I am sympathetic to the colleagues, their previous income and lifestyles were intact until coming to parliament,” he said.

Retired former National Assembly secretary general Lydia Kandetu explained earlier this year that the six members were not eligible for wages as, at the time of their absence, they were not yet sworn in to parliament.

In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.