[ad_1]
WINDHOEK – The Inability of Two Disgruntled Members of Swapo to Join Other Stakeholders When They Decided to Address the High Court in Windhoek to Stop the Extraordinary Congress of Swapo scheduled this weekend when High Court Judge Thomas Masuku welcomed a party objection and his general secretary Sophia Shaningwa about the non-meeting.
Mirjam Shituula and Selma Megameno Namboga, two members of Swapo in the north of the country, yesterday issued an urgent request to ban and prevent Swapo from holding its extraordinary congress, scheduled from 29 November to 02 December, while waiting for the finalization of a congressional declaration and election application. took place at the Swapo Convention last November as unconstitutional, illegal and / or invalid and was dismissed.
Swapo and Shaningwa were cited as the only respondents.
However, even before the urgency of the case was heard, Judge Masuku heard arguments about the non-meeting of interested parties, such as members of the Central Committee as well as some delegates to the Congress of Congress. ;last year.
The lawyer Tembeka Ngcukaitobi, assisted by the lawyer Slysken Makando, who appeared for Swapo and Shaningwa on Dirk Conradie's instructions, argued that parties who have a direct interest in a lawsuit must be joined otherwise they will learn for the first time that an order has been made. granted when they receive the court order.
What he said is strongly opposed to the principle of fair justice.
In his opening remarks, Ngcukaitobi told the court that, although the claim is based on tricks, he had to treat the joinder issue separately and from the outset.
He added that the question of the meeting of the parties had to be settled in advance before the case was heard.
"If the parties who should appear in court are not in court, no decision can be made." He went on to assert that even though it is true that, when the joinder is upheld, the proceedings are suspended pending the joinder of the absent parties, this junction of cause was evoked in the answers to the documents, in order to give the applicants the possibility to join the necessary parts, but they remained firm in their attitude. This, he said, leaves the court with only one practical answer, namely the dismissal of the claim with costs.
According to him, the decision to organize a special congress in 2018 was taken at the 2017 congress by the delegates elected to this congress. In addition, he said, the decision to defer the amendments to the SWAPO constitution to a special congress was made at the 2017 congress and what is happening now affects the rights of each member of Swapo.
He went on to say that each delegate to the 2017 congress, elected or not, had a direct and substantial interest in the outcome of this nomination and should have been reached. This exclusion makes the application fatal.
Counsel Griffits Madonsela SC, who appeared on behalf of the plaintiffs at the request of Boris Isaacks, argued that the non-joinder of the parties concerned would not be fatal at their request, as they will be informed by the party at trial .
Judge Masuku, however, upheld the objections raised by Swapo and Shaningwa, after which the petitioners told the court that they were withdrawing the application, but would respond to the main request that the 2017 convention be declared illegal.
Masuku J. then made an order allowing the applicants to make a formal request to reach all interested parties. This request has been postponed until December 6 for a status hearing. He also ordered that the cost issue be deferred to the next hearing.
Roland Routh
2018-11-28 10:08:55 1 day ago
[ad_2]
Source link
