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The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Thursday, 04. March 2010 at 18:21
compatriots
The high court gave its verdict this afternoon, whereby judge president and judge parker dismissed the opposition parties application for the presidential and NA elections results to be set aside, the judges further ordered the applicants to pay for the respondents legal costs. I don't agree with this verdict, our high court is fast becoming a kangaroo court because of judge president Damaseb, it seems he have some indirect interest in SWAPO,thats why he influenced judge Parker to make such a stupid school-boy mistake by passing that twisted verdict. the image of our country is tarnished by this , therefore judge president must declare his interests in SWAPO, otherwise he must resign because his image is damaged beyond repair by this ruling.Namibia is fast becoming a Banana Republic with Kangaroo courts, whereby SWAPO in the eyes of its members cannot do any wrong,i don't care if it is the party of majorities, majorities are not always right.
RDP should not give up its fight for fairness, this is our country, and being in RDP does not make ones less Namibian, this ruling have been planned long ago i think, every sober-minded person would not believe this ruling, only those who are blindly loyal to SWAPO.

comrades, this ruling real proved that where there is law does not mean there is justice!!!!

the struggle continues
Re: The high court verdict!!!- death of democracy?
Black Revolutionary--(MMB)

Number Posts: 1620
Last Post: 06.02.2012, 06:29

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Thursday, 04. March 2010 at 21:34
Uncle Sem i told you that you and your so called compatriots
were getting yourselves into hot water, im just reading the news
smiling from ear to ear. is it death of democracy or reflection
of democracy?

nakwaalombwelwa okwaya niiso paantu. just shut up and hope for the next election
Re: The high court verdict!!!- death of democracy?
Kachokwe

Number Posts: 280
Last Post: 10.02.2012, 09:28

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Friday, 05. March 2010 at 07:32
Its pity that Some people like Radical Uncle Sem, term the current court verdict as death of democaracy. People you must learn to accept defeat and understand that the truth is always the truth. I think its the same court that ruled in favor of RDP and other on the issue of ballot paper printing last year but SWAPO accepted it and no one mentioned something againist the judges. So, just tell you comrade to be ready for the swearing in ceremony and prepare for positive contribution in the NA for the better future of this country or else "come back home"
[Post edited by: Kachokwe on 05/3/10 7:33 AM]
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Friday, 05. March 2010 at 12:16
mmb
its not a matter of getting ourselves into hot water, am just against injustice which prevailed yesterday in the so-called high court, you should not sacrifice your principles, just because the court ruled in favour of your favourite party, mmb, i know you are a man of principle, therefore you should not support something like this, how could elections be fair with the voters turn-out of more than 100%? it does not make any sense even though i m not a good mathematician!!!
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Friday, 05. March 2010 at 12:41
kochowe
i cannot negotiate in a fear but i cannot fear to negotiate,i shall seek peace but i shall not surrender, the clear message must be send to all Namibians that being in the opposition parties does not make one less Namibian nor unpatriotic to this great nation, therefore your nonsense suggestion to me of "come back home" will not be entertained, what home do you mean? as long as am in my motherland land Namibia, am at home. only cowards can compromise their principles , and am not one of them

forward forever, backwards never, aluta continua -we shall overcome
Re: The high court verdict!!!- death of democracy?
Black Revolutionary--(MMB)

Number Posts: 1620
Last Post: 06.02.2012, 06:29

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Friday, 05. March 2010 at 13:48
ECN is biased. the high court is biased. Uncle i dont know what you want
i said just do yuor work, or study your books, and hope for next elections
that case is closed. SWAPO is in power again, so what are you going to do
next? i guess you want to call the united nation and international courts
to help you.

But i will warn you, RDP and all the other oppositions, please don't let your
stupidity tarnish the image of our beautiful country, you know you lost the
elections, why dont u just shut up and accept defeat? that was so clear... 75%

you're making our courts to look stupid and biased, you're making the ECN
to look biased and crooked, so you're tryin to impress the Euroepans with all that?
going to secret meetings in Germany, and taking our leaders to international
courts. you people are unpatriotic, we dont like you



[Post edited by: Minding My Business on 05/3/10 1:49 PM]
Re: The high court verdict!!!- death of democracy?
Opportunist

Number Posts: 968
Last Post: 14.12.2011, 16:37

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Friday, 05. March 2010 at 14:55
Radical Sem,

Swapo Party members think the case was dissmissed because the applicants-9-opposition parties, the applicant, do not have a case after considering their arguments. RDP and 8 others did not loose the case but it the case was scrapped from the court's roll without considering its merit whatsoever. So, who won?

Hahahahaha.MMB will rush in to answer: "Swapo". No one. Who benefited? Swapo Party and ECN off course! This like crossing the road looking only on one side and an oncoming, speeding car almost hit you by hitting you with a side mirror. What comes to mind is :"Oh, my God! I am luck to be alive." You either rush home celebrating or saying a prayer. Swapo Party has good reasons to celebrate as iy was saved from the Hipo's jews (surviving on the technicalities). The same goes to ECN.

The first damage goes to the image of two judges in the eyes of the agrieved, ordinary persons (whether you like it or not!)-especially when Swapo Party has posted them on its wesite to show that they are loya comrades

It is shocking that the High Court denied the applicant the RIGHT to BE HEARD by throwing the case out on mere technicalities while there are considerable, "exeptinal circumstances": the public interest; over 200 000, agrieved voters and the applicants; allegations and suspicion of election rigging and or irregularities; votes tampering, incompetence and undemocratic conducts on the side of respondents, ECN and Swapo Party. The German and Belgium Governments would also wants the case to be heard in order to clear the suspicion created that they invited RDP to assist in finding a stratergy of effecting a "regime change" in Namibia through RDP.

The country has been taken hostage by the judgement. If one has to ask; How many and which cases have been considered on "exeptional circumstances" by our High Court? What specifically have they been looking at? Why the election case-the basis of our democracy-has not been consided?

The Parker Issue

One of the exeptional circumstances is that Judge Collins Parker was presiding over the same issue in which he ordered an access to some electoral materials in December last year. Judge Parker should have expected the applicants to come back and launch a second attack on the November elections with that specified time. Why did judge Parker found it so important to order access to the very sensitive materials of elections?

The Judge Damaseb

Judge President Petrus Damaseb was one of the person who presided over the Swapo Party congress in 2004 in which Hidipo Hamutenya (HH) was allegedly cheated. Swapo Party has also instituted a lawsuit of N$100 million against HH-a few days before we go to the polls in November. HH is one of the agrieved presidential candidate who are recently part of the applicants. During the registration of the second court case of November elections in January 2010, the Judiciary, under Judge Damaseb's instruction, released a statement confirming the existence of the court case the asks for a nulification or a recount of the elections.

Before and after the judiciary statements, Minister of Justice and Swapo Party Secretary General, Pendukeni Iivula-Ithana, and Information Minister, Joel Kaapanda, made some scathing attacks on one of the respondent, Rally for Democracy and Progress, RDP, and it presidential candidate, HH, likening their case to "a plot to remove the liberation movement from power" with the assistance of the forign Governments and "a threat to peace and stability". But the Judiciary fell silent on the behaviour of political interference and threats bordering on the contempt of court.

During the cause of the two-day proceedings-Monday, March 1-2, 2010, it was reported (see: New Era, Thursday, March 04 2010, page 3) that a petition was launched by an aggrieved, legitimate voter, a prominent member of one of the political party that participated in the disputed, November elections, Hendrik Christiaan, questioned Judge President Damseb's impartiality and asked for his removal from the bench that heard the ended election case.

The problem

The problem sitting with us is not whether the applicant has brought in the case on time but our world-acclaimed democracy is at stake here. "Technicalities" cannot be used selectively because all cases that outstanding/pending for years should have been "thrown out" in the same fashion. The question that needs to be answered by court is: can the November 27-28, 2009, qualify to be declared "free, fair and credible"? The serious allegation is that they (elections) were RIGGED. massive irregularities and unlawful acts were committed.

How do you clear off a dark cloud distrust, suspicion and charges against those who will be entrusted with the good governance of a supposedly democratic government? It is a well known fact that illegitmate elections produce illegitmate governments. And if the next Government is perceived to ILLEGITIMATE, then we are a democratic country without the democrats in the eyes of the world.The people want to have a Government of the Republic of Namibia they can trust. The current situation will lead us to what is alluded to as a "Swapo Party government in the country-which is tantamount to a one party State.

It is the Namibian Constitution that must guide ourr actions or inactions. Article 18:Adminstrative Justice, dictates, "Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation, and agrieved personsby the exercise of such acts and decisions shall have the to seek redress before a competent Court or Tribunal".

Now the question that lingers is: was the 4th of March High Court judgement fair, reasonable, complying with relevant reguirements and guarantee/confirm the competence of the Court?




Re: The high court verdict!!!- death of democracy?
THE MIGHTY CARETA

Number Posts: 529
Last Post: 08.02.2012, 08:21

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Friday, 05. March 2010 at 16:03
Unvle Sem
I wouldnt call it "death to democracy" I would rather call it an insult to justice, the fact that the case was thrown out on a technicallity is an insult to justice for those that are celebrating touche after all this embarrising issue had to be dealt with before independance day and a case of this magnitude may have taken months to complete, in the interest of national unity and in the name of peace i believe this issue has to be put away, and the opposition should rather work on campaigning for 2014,

MMB
its not about defeat because most of the people that you so called defeated will feature in the new parliament, this mentality is one that needs to eradicated from namibians minds, THE WAR is OVER theres no them and us in GRN theres GRN what needs to be found is common ground where opposition and ruling party can work as one for the betterment of the country, at the moment we're still at war anybody who doesnt like our way of thinking is labeled and that my good friend will drive this country into the pits of hell.

Kachokwe
Democracy must prevail the opposition must get strionger SWAPO must start working for the people and not for their own interests then only will we be able to acheive the targets that were set.
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Friday, 05. March 2010 at 16:33
mmb
you will never know what i want since you do not like truth,in your eyes SWAPO can do no wrong, how would you understand me ? you see, now you are even accusing the opposition parties of tarnishing our country's image, my brother Namibia's image have been tarnished by SWAPO leaders(not all of them), nujoma's outbursts against Germans, English and Churches is one , karoonda's idiotic statements against Germans and Judiciary, now the question is how can we expect our judges to be independent-minded after karoonda's threats? to add insult to injury Damaseb is a partner in the law firm(Damaseb and Conradie) that is defending SWAPO against the lawsuit filed by Mr Katjouongua(visit www.swapo party.org), how do u expect him to be neutral? mmb, open your eyes
do not waste your mind, mind is the terrible thing to waste!!!!
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Friday, 05. March 2010 at 16:44
careta
no ways, how can you expect this issue to be done away with? no , not at all, not anytime soon. if we do that SWAPO will continue rigging elections as they are in charge of state machinery, SWAPO must be fought tooth and nail over this issue, enough is enough, we must stand up to put an end to this once and for all, RDP is here for justice , thus we shall pursue justice whatever the cost!!!
[Post edited by: Comrade Radical Uncle Sem on 05/3/10 4:51 PM]
Re: The high court verdict!!!- death of democracy?
IK

Number Posts: 40
Last Post: 14.07.2010, 16:43

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Friday, 05. March 2010 at 21:24
My Question is:

1. Who from Namibia or Africa witnessed the American elections when Bush took over? If we follow news very well, blood was shed and elctions were rigged in America in that year and probably in many more years before and you can watch documentaries. Did we hear someone from Germany or EU travelled to USA to negotiate, or even invited the US oposition, nope. Were we as Namibians even interested in how USA conducts their elections? That brings me to the next question
2. What is Democracy? and are we not embracing democracy too much than people who brought us democracy? I am not saying democracy is bad.
3. If elections were rigged, what does that have to do with Europeans?

I supprt MMB, when he said we tend to find it difficult to deferentiate stupidity and hospitality. We are giving away too much of our pride to the whites.

RDP is too much affiliated to the whites than to us blacks i think. Their Visions might be spicy, but thats to get votes from the public.

I guess all RPD members will tell me that Bush, Blair, Goldon Brown and many other western leaders are more holier than Mugabe, Sadam Hussein and Sam Nujoma.


I tend to agree partially with Guen Lister in her political perspective column today.

IK
Re: The high court verdict!!!- death of democracy?
Black Revolutionary--(MMB)

Number Posts: 1620
Last Post: 06.02.2012, 06:29

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Friday, 05. March 2010 at 22:52
The problem with some of our so-called compatriots is that they're are trying
to impress WESTERNERS by claiming to be agent of change and tryign to
restore democracy. the western denied us democracy for 100 of year and
the rulling party brought democracy to Namibia

what makes me wonder is, if you're really a patriotic Namibian how can you
go to germany saying you're on a democracy trip? you trust the Germanys
when they're the ones that colonised your grand parents and denied you
democracy. Hidipo is joking, he's snitching. we patriotic Namibians have zero
trsut on Germany and boers and we can never consult them on democracy
we can consult them on apartheid, slavery and colonialism, not democracy.

What we are not aware of is that the westerners are so happy to read all
these quarel amongst ourselves, the elections dispitues and grabbing of
power in Africa. they measure our stupidity by how we fail to handle our own
affairs, running to them and depending on them for survival.


[Post edited by: Minding My Business on 05/3/10 10:55 PM]
Re: The high court verdict!!!- death of democracy?
Superman

Number Posts: 303
Last Post: 06.07.2011, 16:38

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Saturday, 06. March 2010 at 15:59
Comrade Sem if RDP was for justice you could not advocate for the court rules to be broken just to serve your motives. This is a clear sign that you are not interested in the rules of law. Rules are rules and if we allow the rules of the court to be broken then they become no different to the rest of society.

It was not Damaseb's rules that state that late application of court case without the attached letter motivating the act will not be considered and will be regarded as invalid case before the "Court of Law". The oppositions lawyers should have known better and do their job properly. The whole saga showed that oppositions are not better than ECN in adhered to the rules therefore resulted in a technicality ruling.

Should the oppositions submitted their case as the court rules required then the case could have been considered and judgement made based on the case details.

Remember that in the world of dogs eating Dogs, all are equal in the eyes of law and you pay the lawyers to represent you at the best of their capabilities. you are also required to respect the ruling of the court of law. Any Judge considered a late application case could result in the court rules broken. The oppositions still remaining with the option of appealing to seek recourse and this should also be done within a specified time since the business of the country have to resume within minimum delay.

If you think that Majority are not always right, now what is democracy to you? Democracy was not made by God but invented by people since they discovered that you cannot satisfy all the people's will. It is just unfortunate when you are in the minority opinion group which obviously will lose in a democratic exercise.

It is always the wish of losers to see the winners going down and it is understandable when you say Namibia will not prosper under SWAPO in the next few years, this was said by the likes of DTA in the early years of our independence that within five years Namibia could be a ruin under SWAPO but today we are still standing .. but the only problem will be when you want to put your wishes into practice.

Now Uncle Sem tell me why do you wanted Judge President to break the rules of the court????


super
[Post edited by: Superman on 06/3/10 4:02 PM]
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Monday, 08. March 2010 at 11:31
IK
i witnessed those elections in 2000 when Bush controversially defeated Al Gore, but what you need to know is that the American system is very different to ours, in America winners are declared through states(equivalent to regions here in Namibia), for you to win you must win more states than your rival,it is a very complicated system but it works for them. here in Namibia,there is no anything of that sort, our system is very different.therefore its irrelevant to make comparisons of the two.

about the elections having nothing to do with the Europeans, i beg to differ, the Europeans are interested in our elections because the give our governments donations and aids, and they want to make sure that their money is given to legitimate governments, if you do not want Europeans to have interests in our elections then say no to their donations and aids,

well, it s a human nature that we should not agree always, hence if you think RDP is much affliated to whites, thats your opinions and you are entitled to them, however i do not agree that that is the case, RDP is just in the hearts and souls of Namibians of all tribes and colours , thats why even whites are welcome to join our party as long as they share the common ideology and goals.


Finally, i don't know if there is a human being who is holier, all of us have our weaknesses and short-comings,whether you are Bush or Mugabe, you can make some decisions which people will not like, but that does not mean you have never or will never do anything right. what is wrong with your post is that you are trying to imply that all RDP members think alike, i do not think even SWAPO people think alike, because only few years ago, a SWAPO member of parliament ROYAL OO, disagreed withhis comrades when they declined to discuss the issue of Zimbabwe in our parliament, does that makes him an RDP sympathizer?
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Monday, 08. March 2010 at 11:56
superman
who told you that we are advocating for rules to be broken?,withdraw that statement it is misleading the nation!! i do not agree that the national assembly case was filled late, for the presidential i don't know, but thats not our problem since the the court officials accepted our applications, they must explain to the nation why did they accepted the application while they know it was late,or was it something done deliberately by the so-called court officials ?
Re: The high court verdict!!!- death of democracy?
Black Revolutionary--(MMB)

Number Posts: 1620
Last Post: 06.02.2012, 06:29

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Monday, 08. March 2010 at 12:03
I also think the court went too far. they should have just cancelled the case and tell
the oppositions to re-file it on time. but i don't think your appeal can yield any good
the supreme court will still award you the legal cost of the respondents. because
the facts you're basing your allegations on are minor flaws that are negligible
they cant change the results in anyway, it might give you a vote rise of 0.5% but
you wont gain anything with that, not even one seat, now you're in deep debt

Hidipo already being sued for 100 millions, RDP is yet to pay the legal cost for SWAPO
you have nothing to win in this case Uncle Sem, just know that i warned you
you have nothing to win here, just advice your heroes to give up appealing
it will save their pockets from getting drained to fund SWAPO's lawyers



[Post edited by: Minding My Business on 08/3/10 12:04 PM]
Re: The high court verdict!!!- death of democracy?
Kapuu

Number Posts: 57
Last Post: 07.05.2010, 09:53

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Monday, 08. March 2010 at 13:50
Uncle Sem it seems you are suffering for memory disorderly disease. You guys ran to court for remedy but now you are screaming running from court. Don't you think that you might be mad?
Re: The high court verdict!!!- death of democracy?
Elaeti.nam

Number Posts: 553
Last Post: 27.06.2011, 11:16

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Monday, 08. March 2010 at 14:03
The Savimbi Syndrome is showing. hahaha

Savimbi, yaNangolo and HH's hero plunged his country into war after losing elections in 1992. Are you surprised that the UNITA worshipers who wants to take our leaders to some European courts are refusing to accept defeat?

The Coalition of Losers is supposed to blame their lawyers for submiting the case LATE. The lawyers probably did it deliberately because they knew there is no way they are going to win a case by using hearsay(rumours) instead of concrete evidence. Otherwise why did they submit the case LATE? They have been telling us all along that they have evidence of rigging.

Wishing you all an early Independence day celebration. I hope you are all with me on this one. hehehe!!!

Elaeti.nam
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Monday, 08. March 2010 at 14:31
kapuu
be careful not to make this a personal matter, if i am mad only you can tell, if you have nothing better to contribute to this debate instead of insults, you better just ship out ,its because of people like you this country is in the state of decay, don't ask me if am mad again,
Re: The high court verdict!!!- death of democracy?
Kapuu

Number Posts: 57
Last Post: 07.05.2010, 09:53

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Monday, 08. March 2010 at 14:49
Uncle Sem

A fully sober minded person will never urgue like you. I can feel that you are politically aggravated. But it doesn't mean that you have to be left off beam. My dear let us accept that we are defeated and prepare for 2014. i am sorry for using sharp words toward you.But just pay SWAPO's legal costs. Ha ha ha!!!!!!!!
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Monday, 08. March 2010 at 15:01
mmb
I have said it before and am going to say it again that , what I want is not RDP to be awarded votes that does not belong to Us, NO, all i want is for Us to win or lose fairly, therefore even if we get a rise of 0.5 per cent it will not be a problem, as long as fairness is the order of the day, I am not against SWAPO or any other parties winning, what am against is unfairness and injustice that prevailed in the recent elections, this will tarnish the image of our country.
about Hidipo being sued for 100 millions, i would rather no comment on that ,comrade Hidipo will be the best person to speak to, or else make efforts to talk to SWAPO . Our leaders(my heroes as u put it), will never give up appealing until justice is done and democracy is restored, this is what i call "Operation Restore Democracy". we cannot compromise our principles for money. only those who are enslaved by money will compromise their principles. democracy is a very expensive exercise but we must not abandon it . Aluta Continua
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Monday, 08. March 2010 at 15:16
kapuu
thats your perception,
how can you speak of 2014, if this case is still unsolved? comrade, we must send a clear message that elections rigging will never be tolerated in Namibia,if you allow this results to stand as nothing happened ,then SWAPO will just rig elections in 2014 as well, the time is now, yes we took one step backwards when our case was dismissed at the high court, now its time to redouble our efforts and ensure that justice is done, we have to take 10 steps forward!!! We Shall overcome
Re: The high court verdict!!!- death of democracy?
Kapuu

Number Posts: 57
Last Post: 07.05.2010, 09:53

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Monday, 08. March 2010 at 15:38
Uncle Sem

All de best but come back to me after all.
Re: The high court verdict!!!- death of democracy?
African Revolution

Number Posts: 313
Last Post: 25.10.2011, 12:24

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Monday, 08. March 2010 at 15:44
ok, my brother,see you at supreme court!!!
Re: The high court verdict!!!- death of democracy?
Superman

Number Posts: 303
Last Post: 06.07.2011, 16:38

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Monday, 08. March 2010 at 15:58
MMB

Things are different in law industry. For maximum fairness to be achieved by the court, Judges are not allowed to tell the lawyers how to handle their cases or to identify their mistakes for them. Lawyers are people who suppose to be competent with rules and regulations of the law and that is what they are paid a lot of money for. Judges are only there to make a ruling on the case and that is what they exactly did. They cannot cancel cases before the ruling unless the applicant withdraw it or they are not coming forth to defend it. Remember before the law everything you say or do will shape the judgement.

super
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