Amoomo demands NEFF reinstatement

Lawyer Kadhila Amoomo has written to the Electoral Commission of Namibia demanding the reinstatement of NEFF.

This week, the electoral commission deregistered NEFF, citing non-compliance after the party failed to submit audited financial reports.

Amoomo, in the letter addressed to the chief electoral referenda Peter Shaama, said the Commission does not have powers to de-register NEFF.

“The Commission does not have any powers to de-register a political party in the event of failure to lodge its audited accounts with the Commission, until and unless it exercises the powers contemplated in section 140(6), which makes provision for the Commission to cause the accounts concerned to be audited and require the political party to lodge with the Commission the audited accounts and publish such with two daily newspapers circulating throughout Namibia, on the account and expense of the concerned political party” Amoomo said.

Amoomo further said the ECN’s decision to de-register the NEFF needs to be revised based on being irrational and unreasonable, seeing that it does not comply with the provisions of the Electoral Act 5 of 2014, in section 140(4).

“Section 140 (4) of Electoral Act 5 of 2014 states that A registered political party must –(a) lodge with the Commission a copy of the audited accounts referred to in subsection (3) within six months from the end of its financial year; and (b) publish or cause an abridged version of the accounts to be published in at least two daily newspapers circulating throughout Namibia,” Amoomo said.

Amoomo added that Shaama wrote a letter to the NEFF reminding the party to submit financial statements before June 30, but the party was de-registered on June 24, seven days before the given due date.

“It is further important to remind your office that on the April 24, you addressed a letter to our client in terms of which you sought their compliance with section 158 of the Electoral Act 5 of 2014. In that letter, which is attached hereto and marked as “A”, you clearly gave our client a deadline of the June 30 30, 2024, in terms of which they are required to comply by submitting an audited financial statement of its accounts to the Commission and causing the publication thereof on or before the June 30 2024” Amoomo added.

Amoomo further urged Shaama to obtain legal advice on these issues before exercising powers in terms of the Act.

“It is against this background that we are instructed to demand, as we hereby do, that you provide us with an undertaking that the decision will not be implemented pending its review in the Electoral Court of Namibia”, he said.