Allexer Namundjebo
Six senior members of the Popular Democratic Movement (PDM) are suing their party, the Electoral Commission of Namibia (ECN), and the National Assembly for compensation over their exclusion from Parliament in 2020.
Mike Venaani, Raymond Diergaardt, Charmaine Tjirare, Yvette Areas, Nghidipo Hamata, and Maximalliant Katjimune were originally on the PDM’s list of parliamentary candidates for the 2019 general election.
However, after the elections, the party submitted a modified list to the ECN, excluding their names and replacing them with others.
This change caused internal turmoil within the party and led to a legal battle.
In 2022, the High Court ruled in their favour, stating PDM had acted unlawfully by altering the list without legal justification.
The court ordered their reinstatement and required those who had taken their seats unlawfully to vacate Parliament.
The six were sworn in as Members of Parliament in April 2022, nearly two years into the 7th Parliament’s term.
Their reinstatement was considered a victory for electoral justice.
Now, they are returning to court and demanding N$1.5 million each in compensation, totalling N$9 million.
They argue they suffered loss of income, benefits, and reputational harm due to the unlawful exclusion.
“Their removal was not just unethical; it was illegal. Despite being lawfully nominated, gazetted, and entitled to serve, they were robbed of their parliamentary seats until the court restored justice,” said their legal counsel, Norman Tjombe.
They are suing the PDM for altering the list without due process, the ECN for acting on an illegitimate submission, and Parliament for swearing in individuals who were not lawfully elected.
Political analyst Ndumba Kamwanyah believes the case highlights serious internal conflicts within the PDM.
“It suggests that the party lacks unity and strong internal leadership, which can be a problem as the regional and national elections approach,” he said.
He also warned that the case could harm the party’s public image.
“Voters may see the party as divided and unstable, which can lead to a loss of trust and support during the following elections,” Kamwanyah added.
Another political analyst, Sackaria Johannes, said the situation raises questions about respecting democracy within the PDM.
“By looking at their name, democracy was supposed to be respected. Parliament members should be elected, but we should ask how they managed to bypass the list that consisted of elected representatives,” Johannes said.
He also questioned who altered the list, adding, “I think there is infighting within the party. In history, infighting has killed parties. Given the damage PDM suffered in the last elections and the departure of the current governor of Kunene from the party, this court case could potentially lead to the gradual demise of PDM.”
