Staff Writer

Swapo party veteran politician, Jerry Ekandjo, is spoiling for a fight and has refused to go down without challenging the Swapo party’s decision to bar him out of the race for the vice president’s position following a crunch meeting of the central committee recently.

His lawyer at Metcalfe Beukes and Attorneys has now written a letter to the party complaining that Article 16 (8) of the party constitution was violated when mines and energy, and defence ministers Tom Alweendo and Frans Kapofi were nominated, respectively.

The article, which embodies the so-called Helmut amendments, bars anyone who has not served in the party’s central committee for ten years from contesting for the top four positions ahead of congress.

Ekandjo, by no means a newcomer to pulling punches within the Swapo party when it comes to power contestation, has declared that only he and tourism minister, Pohamba Shifeta, are qualified to challenge Saara Kuugongelwa-Amadhila and Netumbo Nandi-Ndaitwah for the VP position.

The last-minute threats of court action and an attempt by Ekandjo to break from the party’s rank and run for the position without being dully recognised has thrown egg in the face of the leadership structure, which, up to now, has been praying against factional wrangles and fierce fights from within.

Ekandjo gave Swapo the end of business Wednesday to rectify what he alleges to be the disregard of the constitution, after which he will instruct his lawyer to bring an application before court.

The stringent ultimatum came a few minutes before party president, Hage Geingob, launched the official commencement of the scramble for positions via closely guarded campaigns until November.

“The results of the vice president, male candidates’ election was that comrades Kapofi and Shifeta were to be presented to the Swapo party congress as male candidates for election as vice president of the Swapo party,” reads the letter.

It adds: “At first blush, all deceptively appears well, but unfortunately for the Swapo party central committee, it failed dismally to heed the constitution of the Swapo party in the identification of the two male candidates for election of the Vice President by the Swapo party congress scheduled for 25-27 November 2022.”

“Neither comrades Frans Kapofi and Tom Alweendo have served even one day as members of the Central Committee. This absolutely disqualifies them for nomination for the position of vice president of Swapo party. Their respective nominations are factually and legally null and void.”

According to Metcalfe Beukes Attorneys, Ekandjo is obliged to “simply commence campaigning for election as Vice President of Swapo at the scheduled election by congress” come November.

This will be the case if he does not get relief from the party itself.

The lawyer also said that it would be lamentable for the party to be viewed as a miscreant that ignores its own constitution.

He has also referred the party to Article 18 of the Namibian constitution, which provides administrative fairness.

“It is expected that as the incumbent ruling party, Swapo will act in an exemplary fashion by observing its own constitution as well as the constitution of the Republic of Namibia,” said Metcalfe.

What The Experts Said

The director of the Institute for Public Policy Research (IPPR), Graham Hopwood, has said Ekandjo has a case, given that the amendments were adopted by the party’s highest decision-making body, congress.

“He has a right to stand if he wins that argument on the interpretation of the Swapo constitution. Even if he is going to get 21 votes, he still has that right to stand. But it would be a bold move if he is going to immediately start campaigning.”

“The party should have planned better, really. They wanted to get into this congress without the disunity that was there in 2017, and now because of the way they are going about things, they also are stoking more division and arguments ahead of congress. Unless someone acts as a peacemaker in the coming days, it is going to be another tense period in Swapo period,” he said.

Activist and former parliamentarian Rosa Namises described the latest developments as yet another episode of drama and power games within the ruling party.

“The drama comes because that is what has become the party character. Within the party, people can normally compete, but now it has happened that they have to fight over these things. The positions that are created are no longer clean and innocent as they are supposed to be.”

“They are muddled. It is because the members do not want their fellow colleagues to lead and be in positions. And, I also think that too much of benefits have come into the positions,” she said.

Social media commentator and journalist Lee Garises observes that the threats of court action by Ekandjo have highlighted how high the stakes are for those gunning for the top position within.

“I think what we are looking at now is that the stakes are really that high. In the past, there has always been issues around congresses, the ascendancy of persons and candidacy, but I think him going to a lawyer at this hour just tells you what are the stakes in terms of the watershed nature of the congress,” she said.