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Namibia: Daggers Drawn Over CoD Case
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New Era (Windhoek)
15 May 2008
Posted to the web 15 May 2008
Kuvee Kangueehi
Windhoek
The Congress of Democrats (CoD) faction under the leadership of Ben Ulenga is set to oppose a request that their ongoing court case, which is scheduled for May 19, 2008, be postponed again.
The Koep and Partners law firm, which represents the CoD faction led by Nora Schimming-Chase has written a letter to their counterparts who represent the Ulenga CoD that they intend to launch a new application with the High Court for the matter to be postponed.
Koep and Partners claim that the postponement has been necessitated by the fact that Advocate Andrew Corbett who was representing the Schimming-Chase faction has withdrawn from the case.
Corbett informed Koep and Partners, who are instructing attorneys for the Schimming-Chase group that he is committed with other work and that he would be on leave from April 30 to May 12, 2008 and that he would be engaged in arbitration for the rest of that week.
Koep and Partners said their clients are severely prejudiced by the current state of affairs by virtue of the fact that counsel did not finalize the necessary replying affidavits and heads of argument.
The instructing attorneys representing the Schimming-Chase faction said they are also struggling to find a new advocate to represent them in the High Court and submit the application for the postponement.
"We request you to favorably consider our clients' request for a postponement as they obviously find themselves in a very difficult position."
They offered that if any prejudice is done to the Ulenga faction, it could be rectified with an appropriate court order.
The ongoing court case has crippled the CoD as an effective political party.
The official opposition party is split into factions, while some of its former leaders and members have deserted the party to join or form new parties.
Since the party's extra-ordinary congress in May 2007 at Keetmanshoop, the relationship between its leaders has deteriorated and the two factions within the party have publicly fought over the funds that come from government.
Instead of spending the funds on political activities the thousands of dollars are being spent on legal fees.
The bone of contention in the high court is the legitimacy of the CoD as both factions claim to be the legitimate CoD after the disputed congress and elections.
Observers say if the Ulenga faction wins the court battle, he is likely to kick out the Schimming-Chase group that is in parliament and local authority positions.
Ulenga in fact kicked the Schimming-Chase faction out of their political office positions but the High Court ordered that no expulsions should take place before the case is concluded.
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The Ulenga group believes that the Schimming-Chase faction has no interest in the political party anymore and want to cash in on their positions before the elections next year.
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