Windhoek High Court Judge Eileen Rakow yesterday struck an urgent application lodged by a disgruntled Swapo member against the nomination of Netumbo Nandi-Ndaitwah as Swapo's presidential candidate, from the roll.
Reinhold Shipwikineni lodged the urgent application on Friday last week. He cited Swapo, NNN, as she is affectionately known, plus the members she appointed during the Electoral College as well as the chairperson of Electoral Commission of Namibia (ECN) and ECN.
Swapo and NNN opposed the application.
The judge struck off the matter with costs on the scale of one instructing and one instructed counsel. Sisa Namandje represented Swapo and Nandi-Ndaitwah, on instructions of Gilroy Kasper.
They argued that the urgent application is out of date, and that Shipwikineni has a pending application in the High Court before Judge Thomas Masuku dealing with the same matter.
Shipwikineni, through his lawyer Titus Iipumbu, wants the High Court to set aside the decision of Swapo to postpone the extraordinary congress to decide on the nomination of its presidential candidate to April next year, after the elections slated for November this year.
They also want the court to set aside the nomination of Nandi-Ndaitwah and her appointment of the members indicated. The members are Saara Kuugongelwa-Amadhila; Efraim Nekongo; Indileni Daniel; Alpheus !Naruseb; Ruth Masake; Elijah Ngurare; Linda Mbwale; Dino Ballotti; Fennx Tutjavi and Veikko Nekundi.
In opposing the application, Swapo and Nandi-Ndaitwah argued that Shipwikineni is abusing the court processes. They said he should have brought the application when he first became aware of the alleged breaches, and should not have chosen to approach the High Court in the normal course, as he did.
That application is pending, and is scheduled to be heard on 30 October. In any event, they stated, the case on merits is hopelessly flawed as the orders sought will have serious implications on democracy, and should have been made on satisfactory and clear bases, which is not the case.
Also, they said, because of his naivety and recklessness, Shipwikineni unduly delayed bringing the urgent application by at least a year. Judge Rakow did not provide reasons for her decision.
