Judge dismisses application against SPYL decision on Kapere

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Roland Routh

Windhoek-The High Court on Friday morning dismissed an application by two concerned members of the Swapo Party Youth League (SPYL) to review and set aside the decision of the SPYL central committee to nominate Mandela Kapere for the position of SPYL secretary.

The applicants, Immanuel Nashinge and Sioni Iikela, represented by Nixon Marcus, on instructions of Khadila Amoomo, wanted the court to interdict the SPYL and its acting secretary Veikko Nekundi from proceeding in any way with the implementation of the SPYL resolutions adopted on May 13. These include the convening of the congress – the decision taken at the meeting of the central committee – and to rule that the order serves as an interim interdict with immediate effect pending the finalisation of the matter in the main application.
Judge Shafimana Uitele said that while he was not ready yet with the full judgement, he had an order ready and
would give his reasons for the judgement on August 18.

The nine respondents include the SPYL, its acting secretary Nekundi and his deputy Kapere, as well as Swapo Party. They were represented by Advocate Vas Soni SC from South Africa, assisted by Gilroy Kasper on instructions from Meroro, Kurtz and Kasper law firm.

The judge warned the lawyers of the opposing parties that he will not tolerate political antics in the courtroom.
“This is a court of law and not a political rally. Please inform your clients that in future I will not tolerate political colours in my court,” he told the lawyers after the ruling.

In the main application which is still to be heard, Nashinge and Iikela asked 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 set it aside as he will be over the age limit of 35 set in the constitution.

They also ask the High Court to declare that Nekundi has lost his individual membership of the SPYL by virtue of articles 5 (a) and 5 (c) of the SPYL constitution, and set 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 furthermore want the court to direct the SPYL and Nekundi to ensure that the meetings 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 (national executuve committee) and is accordingly unlawful.

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 the meeting of May 13 was convened, and the decisions taken there were, within the confines of the constitution of the SPYL and are subsequently valid.

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