The Electoral Commission of Namibia (ECN) has lodged an urgent self-review application in the Electoral Court of Namibia to correct an error made by a returning officer who allocated a seat to a party that scored fewer votes than an association that took part in the Rundu Town Council election.
The erroneous seat allocation declaration was made on Saturday, following the regional council and local authority elections on Wednesday last week.
The Rundu Urban Community Association (Ruca) received 674 votes in the local authority election at Rundu, winning one seat, but the returning officer wrongly allocated its seat to the Independent Patriots for Change (IPC), which received 642 votes.
The commission in a statement on Tuesday evening stated that it is taking legal action because having made the administrative decision through its appointed official, it is considered to no longer have jurisdiction over the matter.
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This means it requires a competent court to review and set aside the returning officer's decision.
"We are doing this in adherence to ensure the integrity of the electoral process," said chief electoral and referenda officer Peter Shaama.
He said the affected parties were engaged on the matter with an urgent meeting on Tuesday.
Shaama explained that the Rundu local authority has seven council seats and the total number of votes cast was 12 560.
Dividing the seven seats into the total votes gives a quota of 1 794 votes for one seat, Shaama explained.
Swapo received 7 148 seats, translating to four seats, and the Rundu Concerned Citizens' Association (RCCA) obtained 1 337 votes, giving it one seat.
Affirmative Repositioning (AR) received 799 votes, giving it one seat.
"Ruca received the next highest votes at 674, whilst IPC received the fewest votes at 642. Instead of allocating the remaining seat to Ruca, the returning officer erroneously allocated it to the IPC," Shaama recounted.
"This legal action demonstrates the commission's dedication to transparency and its resolve to ensure that the allocation of seats on the Rundu Town Council accurately reflects the will of the electorate," Shaama stated.
Last month, the commission also lodged a self-review application in the Electoral Court after a Swapo candidate in the Nkurenkuru constituency was erroneously declared duly elected by a returning officer, while another candidate was registered to run in the election.
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