The Landless People’s Movement (LPM) has lodged an appeal against the Supreme Court a decision by High Court Judge Kobus Miller, to dismiss its leader, Bernardus Swartbooi, and Henny Seibeb’s application against Speaker of Parliament, Peter Katjavivi.
The application was to set aside Katjavivi’s indefinite suspension of the two LPM leaders from Parliament’s Chamber following their forceful removal after being deemed disruptive during President Hage Geingob’s parliamentary state of the nation address last month. The High Court dismissed the application with costs. The appeal was lodged last week on 12 May.
The LPM legal representatives argued that Judge Miller misdirected himself or made serious errors of law “especially when he limited himself to only two available remedies at paragraph 7 of the judgement.”
“The above misdirection is noticeable when the Judge a quo find that he is not required to determine the consequences of the alleged acts of the applicants. Yet, he finds it important that their alleged irrelevant conduct to the legality issue must first be investigated and finalized by Parliament processes before the Court determines the unlawfulness thereof,” the appeal signed by Dr Weder, Kauta & Hoveka Inc read.
Seibeb, in his capacity as LPM chief whip, and MP, has been summoned to appear before Parliament’s Committee of Privileges on Tuesday.
“Failure to attend at the time and place specified above, or to remain in attendance or refuse to answer question shall be an offence and punishable in terms of section 18 read with section 25 of the Powers, Privileges and immunities of Parliament Act 1996 (Act 17 of 1996),” a statement by Secretary of the National Assembly Lydia Kandetu read.
Parliament’s Spokesperson ,David Nahogandja, previously told Windhoek Observer that the LPM MP’s case before court would not affect their disciplinary hearing.
“However, what is at the court is the withdrawal from the Chamber not the parliamentary disciplinary hearing /process.”