This is the second respondent, together with the Swapo Party, who is asking the court to dismiss the application.

In its replying affidavit to the IPC's application to the Electoral Court, the ECN states that the applicant's claims—alleging that President Nangolo Mbumba created new polling stations and extended polling hours unlawfully—are based on misconceptions.

ECN chairperson Dr. Elsie Nghikembua argues that the IPC's application lacks the necessary detail and factual evidence required for such legal proceedings. She maintains that President Mbumba's proclamation only identified polling stations, where the extension of voting hours was applicable.

Both the IPC and the Landless People's Movement (LPM) have complained about the legality of extending the elections. The IPC is, therefore, seeking that the entire elections be nullified, while the LPM wants only the votes cast on 27 November to be valid.

The ECN explained that the extension was made in response to numerous complaints and requests from the public, which led the Commission to seek the President's approval for the extension.