The Electoral Court has dismissed a case brought by the Khomas Residents and Rate Payers Association (KRRPA) against the Electoral Commission of Namibia (ECN) over the rejection of its candidate nominations for the Windhoek City Council election.
The KRRPA approached the court after claiming it could not access the ECN’s online nomination portal on 16 October, the closing date for candidate submissions. The association said it attempted to submit its nomination forms physically after the 11h00 deadline but was not permitted to do so.
In its application, the association requested the court to order the ECN to accept its physical nomination forms and to declare the use of an online portal for nominations unlawful.
However, ECN chairperson Elsie Nghikembua, in a sworn statement filed with the court, explained that nominations could be submitted either through the ECN’s online system or directly to the returning officer for the Windhoek local authority election. Nghikembua added that the association did not submit its list to the returning officer as required, but instead tried to deliver it to the ECN headquarters after the cut-off time.
The ECN also argued that the association should have filed its case with the Windhoek Electoral Tribunal rather than the Electoral Court.
Deputy Judge President Hannelie Prinsloo delivered the ruling, confirming that the court lacked jurisdiction to hear the application. Judges Orben Sibeya and Beatrix de Jager supported the decision.
After hearing oral arguments last week, the three judges ruled that the court did not have jurisdiction to handle the matter, bringing the association’s challenge to an end.
