NSHR

NSHR is not surprised by the remarkable disapproval of the ruling Swapo Party implicit in the massive voter stay away last Friday October 31 2008 in the Tobias Hainyeko Constituency by-election. Figures attributed to the Electoral Commission of Namibia (ECN) show that a total of 24 825 residents have registered to vote in the said by-election. Statistics reportedly released by Swapo Party Secretary General Mme Pendukeni Iivula-Ithana also indicate that 24 855 residents had voter cards out of a total of 34 000 residents in the Tobias Hainyeko Constituency.

However, only a total of 5 764 residents have actually voted for the two competing parties---i.e. the ruling Swapo Party and the opposition All People's Party (APP) last Friday. Of all those who have voted, 5 529 residents voted for the candidate of the ruling Swapo Party, while 164 voters cast their ballots for the APP candidate. Seventy-one (71) ballots were invalidated.

On October 28 2008, three other opposition parties, viz. National Union Democratic Organization (NUDO), Rally for Democracy and Progress (RDP) and Republican Party (RP), withdrew from the by-election in protest. Citing inter alia lack of integrity in the electoral process as well as presence of number of serious shortcomings in the organization and administration of process, NUDO, RDP and RP also accused ECN of conflict of interest and lack of transparency and equity.

As an expression of their disapproval of ECN conduct, NUDO, RDP and RP on October 30 2008 urged their followers to abstain from taking part in the controversial Tobias Hainyeko poll.

"Assuming that both ECN and Mme Iivula-Ithana's statistics on the number of registered voters are accurate, this considerable voter stay away might be the loudest and clearest yet signal of massive public disapproval for the division-stricken ruling Swapo Party. Whether this stay away resulted from general voter apathy or it was because of the boycott call from the Opposition parties, the only logical conclusion a sensible analyst could make is that the stay away was a resounding negative vote for the Swapo Party", said NSHR executive director Phil ya Nangoloh.
Several historical, socio-economic and socio-political factors might have combined to result in such a virtual election boycott by at least 19 060 voters or some 77 percent of the 24 825 registered voters in the said Constituency.

"Among the historical factors are the deep-rooted racially motivated divisions within the ruling party as well as the October 2004 ridding, by former Swapo Party President Sam Nujoma, the ruling party of cadres with liberation struggle credentials replacing them with praise singing opportunists and personal puppets. Socio-economic factors, such as growing urban poverty, on the one hand, while the ruling party elitists, on the other hand, are viewed as self-enriching immensely is another factor. However, the ever-growing and violent anti-Kwanyama drive is probably the most decisive all of factors for the voter stay away. This Kwanyamophobia is now doubled with the simmering anti-Ndonga agenda within the Swapo Party. Another contributing factor could be the ruling party's ZANU-PF style legacy of violence against political opponents", said ya Nangoloh.

Last Friday's voter turn out of only 5 529 votes cast for the ruling Swapo Party is by 3 831 votes or some 41 percent less than the 9 360 votes the ruling party had garnered in the 2004 Regional Council election. A similar pattern of voter stay away in connection with the May 28 2008 by-election was monitored in the Eenhana Constituency where only about half the 8 214 registered voters in that constituency had actually voted.

Meanwhile, NSHR is concerned about the apparent lack of impartiality and equity on the part of ECN. Prominent media reports last Friday said that several Opposition leaders were arrested on October 30 2008 merely for publishing and disseminating thousands of flyers calling upon voters in the Tobias Hainyeko to abstain from voting.

ECN Director Moses ua Ndjarakana reportedly described the Opposition call on voters to boycott as "illegal". Ua Ndjarakana was quoted as saying that calling upon voters to refrain from voting violated the provisions of Section 104(b) of the Electoral Act 1992 (Act 24 of 1992). In terms of Section 104(b):

"Any person who, directly or indirectly, by himself or herself or by any other person [makes use or threats to make use of any violence, force or restraint, or inflicts or threatens to inflict any bodily or psychological injury … ] or any fraudulent device or contrivance induces, compels or prevails upon any voter to vote or refrain from voting at any election in question or to vote in favour of a particular political party or candidate, or impedes, hinders or prevents the free exercise of the franchise by any voter at any election in question shall be guilty of an offence […]".

"As far as we are concerned, the above provision only applies in cases when and where coercive means, including violence, were used to prevent any voters to cast their ballots for any candidate or party of their choice, including Opposition parties. To distribute flyers and or to verbally urge voters not to participate in what is regarded as an illegal and or unfair electoral process is a fundamental right of everyone as guaranteed under Article 21(1)(a), read with Articles 17 and 24(3), of the of the Namibian Constitution. Hence, Section 104(b) of the Electoral Act 1992 (Act 24 of 1992) would for that reason be declared null and void by a competent court of law", said ya Nangoloh.

Furthermore, in order to maintain electoral integrity, ECN must not only act reasonably and fairly as required of it under Article 18 of the Constitution, but the electoral body must also be seen to be acting reasonably and fairly.

ECN appears to act only if the interests of the ruling Swapo Party were disadvantaged. However, when Swapo Party officials and or members make use or threaten to make use of violence and other means of coercion against members and supporters of Opposition parties, and examples in this regard are plenty, ECN sees no evil and hears no evil. For example, on October 26 2008 former Swapo Party President Sam Nujoma also urged voters to inter alia "reject [RDP candidate Erasmus 'Kaptein' Hendjala] and condemn him to the dustbin of history". However, not a single utterance against Nujoma's pronouncements came from ECN's Ndjarakana and or ECN Chairperson Victor Tonchi.

"This is why there are those citizens who regard certain ECN commissioners and or managers as 'puppets' of the ruling Swapo Party", ya Nangoloh concluded.

NSHR calls upon ECN to act and to be seen to act fairly and reasonably and comply with the requirements imposed upon it by the Electoral Act 1992 (Act 24 of 1992), as amend, and by the provisions of Articles 5 and 18 of the Namibian Constitution.

In case of additional comment, please call Dorkas Phillemon or Phil ya Nangoloh at Tel: 061 236 183 or 061 253 447 (office hours) or Cell: +264 811 299 641 (Dorkas) or E-mail: