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Two Swapo members who unsuccessfully tried to stop the party's extraordinary convention this weekend will continue their efforts to make Swapo's convention last year illegal and invalid.
The Extraordinary Congress, which is scheduled to take place in Windhoek on Friday and Saturday, will be held after Swapo members Mirjam Shituula and Selma Namboga tried to stop the congress but failed to break through. obstacle in the High Court of Windhoek yesterday.
A team of lawyers withdrew an application for a ban filed by Shituula and Namboga to prevent Swapo from joining the extraordinary convention, after Judge Thomas Masuku decided they should have joined people with an interest in the case when they had started the proceedings. action against Swapo and his secretary general.
The decision of Judge Masuku indeed sounded the death knell of the first part of Shituula and Namboga's motion, in which they asked the court to prohibit the holding of the extraordinary congress.
However, they will continue with the second part of their application, in which they will ask the court to order that the Swapo Congress and the election of party officials that took place last November be unconstitutional, illegal and invalid, and fix outside the congress and the party election.
South African counselor Griffits Madonsela, representing Shituula and Namboga, informed Judge Masuku that they withdrew the first part of their motion following a decision in which the judge upheld an argument by Tembeka Ngcukaitobi , representing Swapo, and the party's secretary general, Sophia Shaningwa. the omission of the two applicants to name other interested parties as parties to the case.
Ngcukaitobi argued that it would be unfair for the court to make an order that would have an impact on party officials, such as Swapo's president and members of the central committee, while no delay was reported. between them was involved in the case because they had not been cited as parties to the matter.
In an affidavit filed in court, Shituula claims that the Swapo convention held last November "was irregularly, irregularly and illegally constituted", as 118 people were not allowed to attend. to be delegates or to vote at the congress attended the congress. voting delegates.
She also alleges that some of the people who were not allowed to be part of the 768 delegates to the Congress were elected to positions of the Central Committee and were elected to these positions, and that all the elections that took place in convention fundamentally flawed and even illegal ".
Since only delegates who attended last year's congress can attend the extraordinary convention this weekend, "the illegality that tarnished the congress" should also continue at the extraordinary convention, says Shituula in his affidavit.
Shituula and Namboga also attended the congress last year as delegates.
According to Shituula, among the delegates who were not legally elected to attend the congress, are eight of the regional governors of Namibia, 16 delegates who had not been chosen at a congress of the Swapo Youth League (SPYL), as required, and four delegates represented the SPYL when they were older than they were allowed to join the Youth League.
Eleven of the delegates who were not properly chosen to attend the congress – including Justice Minister Sacky Shanghala, Tobie Aupindi, Mandela Kapere and Lucia Ipumbu – were also illegally elected members of the Central Committee, Shituula says. .
Shaningwa denies the allegations in an affidavit also filed in court. All the people who attended and participated in the congress "were legal delegates after a selection process of [Swapo]and all elected officials have been legally elected, "she says in her affidavit.
Madonsela represented the two applicants to Tuhafeni Muhongo and Boris Isaacks. Ngcukaitobi represented Swapo and Shaningwa with Slysken Makando on the instructions of Dirk Conradie.
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