PRESS RELEASE

According to a prominent report in the State-funded New Era newspaper this morning, Monday 10 March, Electoral Commission of Namibia (ECN) Chairperson Victor Tonchi admitted yesterday that the “special vacation leave” granted to Kanime et al was, indeed, “a disciplinary measure [...] following irregularities that took place in the build up to the Omuthiya local authority elections, which were postponed last month”.

The said New Era report also cited Tonchi as having “refused to reveal the nature of the irregularities but said there are a number of them”, including “previous incidents”


Last Friday, Tonchi announced that his Commission had resolved to take the drastic and dramatic disciplinary measure against Elections Director Kanime and three other senior Directorate of Elections officials.

In light of the above and in the name of transparency, NSHR calls upon ECN Chairperson Tonchi to reveal, forthwith, the nature and number of the irregularities, including “previous incidents” that had so far taken place as well as the specific places and dates where and when and the context under which they had occurred.

“We are saying this because, following, and in reacting to inter alia the objections that we had raised recently about the irregularities in the recruitment of registration officials for Omuthiya elections, the ECN issued a Media Release on February 8 2008 informing the public that it had investigated our objections and that no irregularities had been found. Hence, we, for obvious reasons, are very keenly interested in establishing from ECN Chairperson Tonchi and or other commissioners what the ‘previous incidents’ were and whether or not Tonchi had willingly lied to the public then” said NSHR executive director Phil ya Nangoloh.

The human rights organization also urges the ECN to voluntarily show cause or to be compelled to show cause why its five commissioners, including Tonchi, should not vicariously be held jointly or severally accountable for the apparent the ECN’s failure to direct, supervise and control the exercise and performance of the powers, duties and functions of the Director of Directorate of Elections (DoE).

Because in terms of Sections 4(1), read with Section 4(2), of the Electoral Act 1992 (Act 24 of 1992) as amended, the ECN “shall be the exclusive authority to direct, supervise and control in a fair and impartial manner any elections under this Act”.

Furthermore, the ECN should cite all and any constitutional or legal provisions upon which its powers, duties and functions to suspend or in any case institute any disciplinary measures, including summarily axing Kanime, are deemed to rest.

Failure by Tonchi to do so should lead to the ECN being compelled, including through legal proceedings, to show further cause as to why the present ECN commissioners should not be summarily removed by the President, acting in accordance with the provisions of Article 32(6) of the Namibian Constitution, on grounds of gross misconduct and their failure to direct, supervise and control the powers, duties and functions of the dismissed DoE officials.

In a Press Release over the weekend, NSHR questioned the legal and constitutionality of Kanime’s axing by ECN. The human rights organization said it has it on good authority that 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 Kanime’s summary dismissal.

In terms of established provisions in the Public Service Act 1995 (Act 13 of 1995) and the Constitution, any person appointed to any post 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 offence and subsequent imprisonment without the option of a fine.

In case of additional comment, please call Dorkas Phillemon or Phil ya Nangoloh at Tel: 061 236 183 or 061 253 447 (office hours) or Cell: +264 811 299 641 (Dorkas) or Cell: +264 811 299 886 (Phil) or E-mail: nshr@nshr.org.na or visit: National Society for Human Rights :: Tolerance - Liberty - Happiness