Press Release

Published: Dec 03, 2009 - 02:01 PM

Namibia’s National Society for Human Rights (NSHR) is disturbed by continued irregularities on the part of the Electoral Commission of Namibia (ECN) some of which are in clear violation of the specific provisions of the electoral laws of the country. The following violations of the law are of specific reference:
1. It is totally against the law for ECN officials to verify the faulty results, which means opening sealed ballot boxes and other containers, in the absence of the counting agents and other accredited observers. The effect and consequence of an ECN directive issued on Tuesday, December 1 2009, by ECN Director of Elections, Moses Ndjarakana by which he ordered all presiding officers back to their respective polling stations strongly suggests that the re-count of ballots will take place in the absence of the counting agents from political parties and accredited elections observers. This state of affairs runs counter to the provisions of Section 26 of the Electoral Amendment Act 2009 (Act 7 of 2009).

2. It is also totally against the law for ECN to announce the electoral results on a piecemeal and or on a bit by bit basis. ECN has been releasing the results of ordinary votes in the absence of tendered votes. This state of affairs is in clear and blatant contravention of, and defeats all, the intents and purposes of Section 25 of the Electoral Amendment Act 2009 (Act 7 of 2009).

3. Furthermore, it is totally against the law to fail to post election results at all polling stations. Evidence in NSHR possession indicates that, in most cases, the elections results have not been posted at polling stations as required in terms of Section 26 of the Electoral Amendment Act 2009 (Act 7 of 2009).
4. In addition, it is totally against the law to transport unsealed ballot boxes. For example, NSHR elections monitors in the Ohangwena Region reported that at least four ballot boxes were brought to the Okahenge polling station at Omundaungilo village. The ballot boxes were sealed with twisted wires instead of seals by political parties. The said ballot boxes arrived at Okahenge polling station late Sunday, November 29 2009. They were transported in Mazda vehicles with registration numbers GRN 3258 from Oshipala shOmoongo village and Mazda GRN 3558 from Ohauwanga village. Both villages are situated in the Omundaungilo Constituency. The two vehicles were driven by Simeon Hanga and Jeremia Nghililewanga, respectively.

5. NSHR has received numerous reports from the Ohangwena, Omusati, Oshana and Oshikoto Regions where political party agents from the ruling Swapo Party were allowed by ECN officials to assist voters incapacitated by blindness or other physical causes. This state of affairs is in violation of the provisions of Section 24 (3) of Electoral Amendment Act 2009 (Act 7 of 2009).

NSHR is also gravely concerned by the following situations which presuppose deliberate voting rigging and other irregularities and or incompetence on the part of ECN:

1. In many cases, the results of the November 27-28 elections results are not balancing. This state of affairs strongly suggests that stuffed ballots obtained from somewhere might have been introduced into ballot boxes.

2. There were polling stations decorated with political party paintings and campaign materials as well as voters wearing the party colors at the polling stations

3. Political party agents and elections observers were prevented to monitor and observe the voting process. Accredited NSHR elections observers had been prevented from observing the voting and counting processes despite November 27 2009 High Court order setting aside as ultra vires ECN’s illegal withdrawal of NSHR’s accreditation status to observe the elections.

4. The elections’ result sheet reportedly went missing at Ongwediva College Polling Station in Oshana Region.

5. The disappearance of the ballot books.

6. ECN officials were arrested by the Police for “tampering” with the elections’ materials and a Swapo Party elections’ agent, Jona Kulukuteni, allegedly hanged himself amid allegations of attempted elections’ rigging.

These are just a few of the things NSHR foresaw at the beginning of the electoral process and the human rights monitoring and advocacy organization reiterates that although the voting process might have been free, it has for all intents and purposes not been fair and transparent let alone credible.

In light of aforementioned irregularities and violations of the law, which threaten the integrity of the 2009 elections, NSHR calls upon ECN to act fairly and reasonably and to comply with all the requirements imposed by the electoral law and the Namibian Constitution.

In case of additional comment, please call Steven Mvula or Phil ya Nangoloh at Tel: 061 236 183 or 061 253 447 (office hours) or Cell: +264 811 299 886 (Phil) or E-mail: nshr@nshr.org.na or visit: Namibia's National Human Rights Organisation