Uneven Legal Playing Field of Namibia compromises elections

 

Since becoming a democracy in 1990 after a prolonged struggle against apartheid-era South Africa, Namibia has faced legal challenges from opposition parties in every general election. The upcoming presidential and parliamentary elections on November 27 are expected to follow this trend.

Despite its political landscape resembling many autocratic governments in the region, Namibia is sometimes regarded as a democratic success story in Africa. The South West Africa People’s Organization (SWAPO), a former liberation movement, has dominated politics for decades, shaping policies and maintaining its grip on the presidency. SWAPO has also implemented regulations that make it difficult to challenge the current electoral system.

Investigative writer John Grobler highlights Article 79(2) of the Namibian Constitution, which mandates that any appeal against a presidential election outcome goes directly to the Supreme Court. “As the highest court in the land, if the case is dismissed, there is no further recourse,” Grobler explains. He also points out that political appointments have compromised the court's integrity.

In the 2019 elections, opposition politician Panduleni Itula questioned the use of electronic voting machines (EVMs) after at least three devices disappeared from the Electoral Commission of Namibia. The Supreme Court ruled that while EVMs without a paper trail were invalid, the election results remained valid. “This still raises concerns about how unconstitutional elections could have been conducted,” says Itula.

Opponents are further frustrated by the time limits for filing complaints, which must be submitted within two weeks of the election results being announced. “Two weeks is inadequate, especially since law offices close for most of December—right after the elections,” Grobler notes.

Despite these challenges, SWAPO's dominance is not assured. Popular dissatisfaction is high due to government corruption and rising unemployment. The Popular Democratic Movement, Landless People’s Movement, Affirmative Repositioning groups, and leaders like Itula and his party, Independent Patriots for Change, are mounting significant challenges to the status quo.