PRESS RELEASE

NSHR deplores the summary removal late last week of Directorate of Elections (DoE) Director Philemon Kanime from his post. Through an undated and awkward Media Release issued last Friday, March 7 2008, Electoral Commission of Namibia (ECN) Chairperson Victor Tonchi announced that Kanime and three other senior DoE officials have been granted “special vacation leave with immediate effect”.

However, the ECN’s Media Release gave no reasons, whatsoever, for the constructive dismissal of Kanime, let alone citing the legal and or constitutional provisions, if any, upon which Tonchi relied in granting the unsolicited “vacation leave”.

Kanime was duly appointed as Director of Elections by the President in terms of Section 11(1)(b) of the Electoral Act 1992 (Act 24 of 1992) as amended, read with Articles 32(3)(g) and 32(3)(i)(ee) of the Namibian Constitution. Article 32(6) of the Constitution stipulates that:

“[A]ny person appointed by the President pursuant to the powers vested in him or her by this Constitution or any other law may be removed by the President by the same process through which such person was appointed”.

Therefore, NSHR is compelled to question, not only the legality and constitutionality of Kanime’s summary removal from his post, but also the procedural and substantive fairness of the move because of the following reasons:

Firstly, NSHR has it on good authority that ECN Chairperson Tonchi’s letter of Kanime’s removal does not cite or identify any constitutional or legal authority upon which such removal is claimed to rest and or any specific reasons for such summary axing.

Secondly, since Tonchi is not the President of Namibia, the removal of Kanime et al could not have been implemented in accordance with Article 32(6) of the Constitution.

Thirdly, in terms of established provisions in the Public Service Act 1995 (Act 13 of 1995) and the Constitution, any person appointed by the President may only be removed from his or her post on the basis of celebrated legal grounds. These include misconduct, mental or physical incapacity, or upon conviction of a criminal offense and subsequent imprisonment without the option of a fine.

“In light of the above, we have reasonable cause to believe that ECN Chairperson Victor Tonchi has no legal and or constitutional standing to remove DoE Director Philemon Kanime, even for one second. This is yet another clear indication that Namibia is being ruled with impunity in accordance with the rule of [wo]man, instead of the rule of law. In terms of Article 1(1) of its Constitution, the country is a state governed in accordance with principles of democracy, respect for the rule of law and natural justice. Hence, Kanime’s dismissal is a deliberate assault on the letter and spirit of the Constitution and the rule of law”, said NSHR executive director Phil ya Nangoloh on Friday.

Furthermore, Kanime’s summary axing should be viewed against the background of the existence of a policy of the ruling SWAPO Party to stifle democracy and undermine the rule of law in the country. This is being done with the view of ensuring that Namibia remains a virtual one-party state it has been since independence on March 21 1990.

In addition, Kanime’s dismissal came five months before the end of his term on July 31 2008. The fact that his summary axing came shortly before the crucial local authority and regional authority elections at the Omuthiya town and in the Eenhana Constituency, respectively, also gives reasonable cause to believe that the timing of Kanime’s removal is a deliberate move to undermine the freeness and fairness of the said crucial electoral processes.

Also, the Kanime dismissal is viewed as a classic example of how a die-hard clique within the SWAPO Party appears to be hell-bent on embarking upon manipulations of the country’s democratic institutions in its favor. When Kanime was viewed to be working in the favor of the ruling SWAPO Party, there was no problem with and about him.

Moreover, Kanime’s constructive dismissal surprises no one as it also came amid hefty accusations from the ruling SWAPO Party that he had failed to inform the SWAPO Party leadership about the registration of the new breakaway party, Rally for Democracy and Progress (RDP) last November; in the course of charges also from the SWAPO Party that he is “sympathetic to the new party”; and, further, amid calls from the SWAPO Party Youth League that Kanime resigns or be axed.

“Hence, Kanime’s dismissal is merely an ominous pre-emptive strike ahead of the said aforesaid electoral processes. It is simply very dangerous to bend the rules when it suits you. This is a recipe for catastrophe in our country”, ya Nangoloh warned.

NSHR therefore calls upon President Lucas Hifikepunye Pohamba to reinstate Kanime et al in their posts.