SantosTorrealba
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| Tuesday, 07. September 2010 at 11:41 |
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Opposition rejoice over election ruling
By: BRIGITTE WEIDLICH
HAPPY FACES ... RDP member Claudia Namises displays the RDP sign of clasped hands in triumph, walking down the stairs of the Supreme Court building yesterday. Chief Justice Peter Shivute ruled in favour of the nine opposition par- ties. Former Director of Elections Philemon Kanime, walks in front of Namises.
APPLAUSE and earsplitting ululations from opposition parties sitting in the visitor’s gallery of the Supreme Court broke the solemn mood which had prevailed for nearly two hours yesterday, as Chief Justice Peter Shivute read out the ruling in their favour, referring the election challenge back to the High Court.
In stark contrast, faces of ruling Swapo party members looked grim, and so did those of the strong contingent of plain-clothed Police and those in uniform, with the neatly suited men from the intelligence service, with their usual stone-faced expressions.
Outside the courtroom there were hugs and kisses, shoulder patting and cries of joy in opposition ranks, while prominent Swapo party members kept their pose.
“This is a good ruling and it proves that our judiciary is still independent,” an elated McHenry Venaani, DTA Secretary General, told reporters minutes after the Supreme Court ruling. “We, the nine opposition parties, had a very strong case.”
“I am very excited, this is a good day for Namibia,” said Henk Mudge, president of the Republican Party (RP).
Victor Tonchi, long serving chairman of the Electoral Commission of Namibia (ECN), said “the ruling has gone the way it did. We are standing by what we did before, and that is, we conducted elections in a free and fair manner,” Tonchi told The Namibian.
Natji Tjirera, spokesperson for the Congress of Democrats (CoD), said the people’s trust in the judiciary was strengthened. “This ruling manifests that the Namibian citizens can still put their faith in the courts.”
Less enthusiastic was Safety and Security Minister Nangolo Mbumba, who walked out of the court building, arm in arm, with Deputy Gender Equality and Child Welfare Minister Angelika Muharukua.
“We are all citizens of Namibia, we must respect and obey laws, “ Mbumba said, in his capacity as Swapo Deputy Secretary General, “we also respect and accept court rulings. I also say that we have an elected Head of State, who is running this country, a Cabinet and an elected Parliament.”
Albert Kawana, the Attorney General and Minister of Presidential Affairs,was more analytical. “The [court] battle has only just begun, and it will take us to the year 2012 at least.” Kawana, who is a trained lawyer, told reporters on the steps of the Supreme Court, “it is not good for courts to rush and there are certain proceedings. This case started in the High Court in early January this year, and now it is already September. Now the case will go back to the High Court, and whichever side will lose the case, will probably again turn to the Supreme Court for an appeal, so it will take a long time. Justice delayed is justice denied,” Kawana added.
Opposite the Supreme Court building, a small crowd of mainly RDP members and supporters sang liberation songs and and toyi-toyied, while Police dogs watched lazily from the shade under trees, and Khomas Region’s Police Commander, Samuel Hoebeb, anxiously spoke into a mobile phone pressed against his cheek.
The Rally for Democracy and Progress (RDP) held a hastily convened press conference at their headquarters just half an hour after the ruling, and presented copies of an already typed up press statement to the media, which was read out by RDP president Hidipo Hamutenya.
“Justice has spoken and we thank the founding fathers and mothers of our Namibian Constitution for having crafted it in a way that gave our country the separation of powers, and thus the independence of our judiciary.”
While the court case cost millions, which meant financial sacrifices for opposition parties and individuals, Hamutenya thanked their members and the legal team.
“Today’s judgement is the beginning of a long journey to finally get to the core of the 2009 elections, which were rigged, until the truth prevails. We shall not stop, the evidence that the elections were flawed, is all there, the truth must come out,” Hamutenya added.
In a statement yesterday afternoon, CoD Secretary General Tsudao Gurirab said “it is common cause that almost after every national election, one, or the other, of the parties, has sought recourse from the courts on the conduct of elections. In almost all the previous cases, the affected parties abandoned their applications for want of money. This is the first time an application went as far as the Supreme Court, in search of justice.”
“This case deals with the fundamental question of whether a constitutional parliament and government is in place. And for this very reason it will be incumbent upon the Honourable Court, to render a speedy judgement in this matter, in the interest of justice and good governance,” the CoD Secretary General added.
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http://www.namibian.com.na/news/full-story/archive/2010/september/article/opposition-rejoice-over-electio
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