Windhoek-The High Court battle between two disconcerted members of the Swapo Party Youth League (SPYL) national executive committee (NEC) against a decision taken by the league’s central committee lasted into the late afternoon hours yesterday with the legal eagles of the opposing parties firing salvos at each other.
High Court Judge Shafima Uitele spent the whole morning and part of the afternoon listening to arguments by the two NEC members Immanuel Nashinge and Sioni Iikela on why the court should overturn, and set aside, the decision taken by the central committee of the youth League on May 13 to nominate Mandela Kapere for the position of secretary of the SPYL.
Nashinge and Iikela are represented in the matter by Nixon Marcus on instructions of Khadila Amoomo, while the nine respondents, including the SPYL, its acting secretary Veikko Nekundi, Kapere and the ruling party Swapo are represented by Advocate Vas Soni SC from South Africa, assisted by Gilroy Kasper on instructions from Meroro, Kurtz and Kasper law firm.
The applicants want the court to interdict the SPYL and Nekundi from proceeding in any way with the implementation of the resolutions and or decisions, including the convening of the congress, taken at the meeting of the central committee and to order that the order serves as an interim interdict with immediate effect pending the finalisation of the matter in the main application.
In the main application still to be heard, the applicants ask that the meeting of May 13 be declared inconsistent with the SPYL constitution, unlawful and not properly constituted.
They also want the High Court to declare all resolutions/decisions taken at the said meeting invalid, unlawful and unconstitutional and declare the nomination of Kapere as candidate for the position of Secretary of SPYL as inconsistent with Article 5 (a) 5 (c) of the SPYL constitution and setting it aside as he will be over the age limit of 35 set in the constitution.
They will also ask the High Court in the main application to declare that Nekundi has lost his individual membership of the SPYL by virtue of Article 5 (a) and 5 (c) of the SPYL constitution and setting aside any decision or action taken by Nekundi after he attained the age of 35. In addition they want the court to set aside the entire proceedings, resolutions and/or decisions of the May 13 meeting.
The applicants also want the court to direct SPYL and Nekundi to ensure that the meeting of the central committee are arranged, convened, constituted and held in accordance with the SPYL constitution and that the 6th SPYL congress is arranged, convened and held in accordance with the constitution. They further asked for costs of the application.
The applicants contend that the meeting of May 13 was not convened by the NEC and is accordingly unlawful.
Other SPYL members Job Amupanda and Elija Ngurare, who are cited in their personal capacities as respondents, made an application to the court to be joined as applicants in the matter as they support the application and agree with the arguments of the applicants.
The SPYL and Nekundi opposed the application and argued that the application is baseless as the applicants have no locus standi to claim the relief sought. In an affidavit he deposed on behalf of the SPYL and himself, Nekundi says that the meeting of May 13 was convened and the decisions taken there were within the confines of the constitution of the SPYL and is subsequently valid.
Soni asked the court to strike the matter from the role.