Amupanda Claims ECN Case Withdrawal Was a Deliberate Legal Tactic, Says They Will Now Head to Court
Affirmative Repositioning leader and National Assembly member Job Amupanda says his earlier decision to withdraw a High Court challenge over the appointment of the Electoral Commission of Namibia (ECN) chairperson was part of a deliberate legal strategy.
Amupanda made the remarks after Parliament approved the appointment of Gerson Sindano as ECN chairperson on Tuesday. Sindano is a member of SWAPO.
According to Amupanda, the withdrawal of his court application was intended to allow the process to proceed so that he could challenge what he considers an unconstitutional appointment.
He said the matter will now return to court, arguing that Sindano’s appointment as ECN chairperson for a nine-month term raises constitutional concerns.
“We had tactically withdrawn it so they do exactly as they unsuspectingly did,” Amupanda said in a social media post.
He further described the appointment as “unconstitutional” and “corrupt”, saying his litigation strategy was aimed at challenging the decision through the courts.
The dispute stems from President Netumbo Nandi-Ndaitwah’s nomination of Sindano as ECN chairperson, together with Emmerentia Leonard and Julieta Diva Ferreira as commissioners.
Amupanda had previously approached the High Court seeking access to records relating to the internal selection process. The Speaker of the National Assembly, Saara Kuugongelwa-Amadhila, however, declined his request.
The Speaker’s position was that the selection committee was responsible for receiving applications, interviewing candidates and forwarding its recommendations to the President.
Amupanda subsequently withdrew the court application before the Speaker and other respondents had opposed the case. He has now indicated that the legal challenge is not over and that he intends to return to court over the appointment.
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