Helao Nafidi saga dragged to High Court Swapo Party officials and the Electoral Commission of Namibia (ECN) will face former Helao Nafidi local councillor Ester Ndatala Nghidimbwa in the High Court in a week’s time.This comes after the ruling party failed to comply with an instruction from Nghidimbwa’s legal representative, Henry Shimutwikeni, to reverse its decision of removing his client from the Helao Nafidi town council.
The urgent application will be heard on 6 September.
Court documents show that Nghidimbwa wants the six respondents to be interdicted from removing her from the position.
The respondents are the Swapo Party, Swapo secretary-general Nangolo Mbumba, the Helao Nafidi town Ccuncil, Helao Nafidi Mayor Eliaser Nghipangelwa, Lucia Nghililewanga and the ECN
Shimutwikeni confirmed that the matter will be heard in court.
The saga started on 4 December 2015 when Nghidimbwa was sworn in as councillor instead of Nghililewanga after the local authority election held in November.
Nghidimbwa was not a candidate for the Helao Nafidi town council but instead a candidate for the regional council election in the Oshikango district.
Nghililewanga complained and asked the Swapo leadership why she had been replaced.
The reason given for her removal was to equally divide the number of seats won by Swapo among the three districts, a decision which was taken at a regional level.
Swapo won six seats in the Helao Nafidi council. Three of the councillors are from Ohangwena district, while Oshikango district had one representative and the other two seats were filled by Engela district candidates. Therefore Nghidimbwa was handpicked to be the second Oshikango representative, replacing Nglililewanga who was number two on the party list.
In order to rectify the situation, the Swapo Politburo on 27 July attempted to remove Helao Nafidi councillor Panduleni Hainghumbi to make way for Nghililewanga, but the decision was reversed after the media reported about it.
“The Politburo reaffirmed its earlier decision and herein and finally, directs you to take measures to have Comrade Panduleni Hainghumbi withdrawn from the town council and to have Comrade Lucia Nghililewanga installed as legitimate councillor of Helao Nafidi town council. Kindly report the implementation of this directive not later than 5 August 2016,” the letter in which Swapo attempted to remove Hainghumbi read.
In a letter dated 4 August, Mbumba said after perusing an Ohangwena Swapo Party report dated 28 September 2015 he discovered that Nghidimbwa was in fact a candidate for the Oshikango district regional council elections and not for the local authority elections. Therefore, it would be fair to just remove her as councillor and for Nghililewanga to be sworn in.
“Comrade Ester Nghidimbwa should be withdrawn as a local authority councillor from Helao Nafidi town council with immediate effect. She in fact did not stand and therefore was not elected to such a position in the first place,” the letter read.
“Comrade Lucia Ngililewanga should be installed as a local authority councillor for Helao Nafidi town council with immediate effect,” it read.
Mbumba refused to comment on the court matter.
KENYA KAMBOWE