High security costs for election challenges questioned

The Electoral Court ruling requiring the Independent Patriots for Change (IPC) to provide N$450 000 ($24 000) in security for costs in its election challenge has been criticised, with many arguing that the decision places an unfair financial burden on the party. The Electoral Court last Wednesday ruled that the IPC should pay security costs of N$150 000 ($8 000) to the Electoral Commission of Namibia (ECN), President Nangolo Mbumba and Swapo. According to The Namibian, lawyer Werner Boesak has called for a potential constitutional challenge to address the financial hurdles faced by applicants in election-related legal cases. He suggested that the current practice, which places a financial burden on those seeking to challenge election outcomes, may need to be scrutinised. ‘Clearly there are other issues that may arise as well, but we are developing constitutional democracy and this is what happens in any constitutional democracy,’ Boesak said. Henk Mudge, the leader of the Republican Party (RP) of Namibia, argued that no party should have to bear the financial burden of questioning election procedures. Mudge said there was a need for a judiciary that prioritised fairness and impartiality. Lawyer Richard Metcalfe said this particular ruling revealed underlying concerns. ‘If there is ever a judgment, it will be that things were not properly done but the election results stand and correct procedure must be followed in the next election. Just another democracy in decline. The precedent was set in the matter of the electronic voting machines in 2019 and 2020,’ Metcalfe said. Meanwhile, political analyst Johan Coetzee said the ruling decision was deeply flawed, especially given the IPC’s previously stable financial record. Coetzee further questioned the prioritisation of financial requirements in cases of national interest, suggesting that such barriers distract from the public good.

Full report in The Namibian