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Extension for Namibia’s election in a ‘very mischievous interpretation of the act’

Extension for Namibia’s election in a ‘very mischievous interpretation of the act’
A woman casts her vote for the presidential and parliamentary elections in Khomas region, Namibia, on 27 November 2024. (Photo: EPA-EFE/STR)
Ernst Calitz
By Ernst Calitz
29 Nov 2024
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Namibia’s electoral commission has extended the country’s elections until Saturday to relieve pressure that resulted from technical difficulties, ballot shortages and ‘human error’. But the move is being deemed as unlawful, and political parties are calling for immediate action.

The Electoral Commission of Namibia (ECN) announced that selected polling stations will remain operational between 7am to 9pm on Friday 29 November and Saturday 30 November 2024. 

This announcement was made during a surprise briefing, where ECN chairperson Elsie Nghikembua admitted that there were factors that indicated voters may have been deprived of voting at some polling stations across Namibia. 

The commission said that a shortage of ballot papers at some polling stations, technical issues and long queues due to “human factors” were among the reasons for the messy election day.

Namibian President Nangolo Mbumba has apparently amended the initial proclamation of the Namibian presidential and National Assembly elections.

Namibia’s electoral act states that the election day should not be less than 15 days and not more than 20 days after the proclamation from the president.

Voters in the presidential and parliamentary elections in Khomas region, Namibia, on 27 November 2024. Some 1.4 million people of a population of 3 million are eligible to cast their ballot to pick the president and members of the National Assembly. (Photo: EPA-EFE/STR)


Mischievous act


Henry Shimutwikeni, a Namibian lawyer, indicated that this amendment from the president is “extremely odd and doesn’t assist the ECN at all in terms of building the perception of having the ability to run a credible election”.

Shimutwikeni said that just because this is a proclamation from the president of Namibia, it doesn’t necessarily make it lawful. 

“I doubt very much that this proclamation complies with the electoral act,” Shimutwikeni said. 

The reason the law allows for not less than 15 days, and not the night before, is to allow political parties to be able to deploy party agents to monitor and verify the polling process. 

“I also further doubt the lawfulness because it’s not giving the parties sufficient time to have their agents on the ground at those polling stations to monitor the particular polling as the act allows.

“I also do not see a provision in the act which allows for the president to amend the proclamation, which he initially issued on the 26th of September 2024, so I very much doubt the lawfulness of this election,” Shimutwikeni added.

He said that the ECN is giving a very mischievous interpretation of Namibia’s electoral act.

“This amendment of the proclamation of the 26th of September 2024 by the ECN and the president is a very mischievous interpretation of how this act should work.”

Calls for action


The Landless People’s Movement Youth Command Element (LPM-YCE) released an urgent statement on Friday morning stating that “the ECN’s actions — or lack thereof — have laid bare a shocking incompetence and disregard for the fundamental democratic principles enshrined in our Constitution”.

Read more: Namibia’s election chaos: Technical failures and ballot shortages spark outrage among voters and parties

This statement demanded that the ECN take immediate corrective action. The LPM-YCE has given the ECN until 11am on Friday to respond to their demands, but the ECN had not issued any response by the time of publication.

“Should the ECN fail to act swiftly and decisively, the LPM Youth Command Element will mobilise the youth across Namibia to resist this injustice. We will not allow the will of the people to be subverted through administrative incompetence or deliberate malfeasance. The youth of Namibia are watching, and we refuse to inherit a democracy tainted by corruption, exclusion, and elitism,” said the statement.

The leader of Affirmative Repositioning (AR) also expressed disdain towards the ECN’s decision: “We are a Banana Republic par excellence, run by an arrogant select few!”

“Rise Namibians Rise!” he concluded.

A woman casts her vote for the presidential and parliamentary elections in Khomas region, Namibia, on 27 November 2024. (Photo: EPA-EFE/STR)


Undermining the media


The Namibia Media Professionals Union (Nampu) issued a statement on Thursday afternoon, after the ECN held an impromptu briefing — seemingly only inviting Namibia’s state broadcaster, the Namibian Broadcasting Corporation (NBC) — where they announced the continuation of the now deemed “unlawful” election. 

“Nampu strongly condemns the ECN for seeking refuge under state authority to evade accountability and undermine media freedom,” the statement reads.

“On Wednesday evening at 8.02pm the ECN called a press briefing, 20 minutes later it called off the meeting, only to hold a clandestine interview with the NBC.

Read more: PHOTO ESSAY: Namibia votes in what is shaping up to be the country’s most contested election

Other media broadcasters and publications were sidelined in a blatant affront to transparency and public interest.

This, after ECN promised to give a statement regarding the glitch on the voter registration numbers which they confirmed, but they failed to do so.

The exclusion denies the public access to critical information, eroding trust in the integrity of the ECN and the NBC, both influenced by state authority,” said Jemima Beukes, Nampu’s acting secretary general.

A leaked message from the NBC directed all staff members to “only broadcast or live stream live ECN Media Events from the head office”.

“This means, we will not beam live media updates or results announcements from the regional centres or polling stations at this stage.  We can record those events and manage from the news point of view,” the directive continued. 

Social media outrage


The message sparked outrage on social media, where Namibians continued to question the coverage provided by the country’s state broadcaster. 

The NBC has since tried to clarify its directive to prohibit its staff from providing live media updates or announcing any election results from polling stations. 

According to the NBC, the directive was meant to ensure that all its platforms align. 

Namibia’s Minister of Information and Communication Technology, Emma Theofelus, told The Namibian that she was unaware of this directive. 

“Call NBC themselves. I don’t run NBC’s matters on a daily basis. I represent the shareholder, which is the government,” she said. 

This is a developing story. DM

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