November 28 2009 at 12h00

(Liberty Center—Windhoek) Namibia’s National Society for Human Rights (NSHR) condemns the ongoing harassment by the Electoral Commission of Namibia (ECN) of NSHR accredited agents and personnel, despite yesterday’s High Court order to the contrary. At least three NSHR accredited election observers had reported that they have been denied access to polling stations despite the High Court order against ECN Chairperson Victor Tonchi.

In a latest development, shortly afternoon at least two accredited NSHR election observers reported that they were kicked out of polling stations by ECN elections officials who were purportedly acting in compliance with a new directive received from ECN Chairperson Tonchi.  The alleged directive suspends NSHR from observing the voting process.

“As it appears Mr. Tonchi and his colleagues are determined to ensure that NSHR is excluded from observing the voting process at any and all costs. The only apparent reason for ECN to exclude NSHR is the fact that NSHR is in the best position to ensure that the voting process is transparent and to expose any and all possible illegal acts including voting rigging by either ECN and or its friends. Under these circumstances, we fail to understand how this voting process could be declared as free, fair and transparent, let alone credible”, said ya Nangoloh early this afternoon.

Late yesterday afternoon at approximately 17h30 NSHR executive director Phil ya Nangoloh a letter received from Mr. Tonchi a letter dated November 27 2009 entitled “Notice of Hearing in terms of section 52C of the Electoral Act 1994: Revocation or Suspension of Accreditation of Observer Status of the National Society of Human Rights”.

In the said document Mr. Tonchi requested the “presence” of NSHR at a hearing “to be held tomorrow Saturday November 28 2009 at 09h00 at the Election Results Center”. Tonchi also “informed” ya Nangoloh that “failure to ensure that your organization is represented will be construed as a willful determination on the part of your organization not to make any representations and the Electoral Commission of Namibia will proceed in your absence”.

In replying to Tonchi’s notice last night, ya Nangoloh not only disputed the bona fides of the notice, but he also informed Mr. Tonchi that:

“You have demonstrated that you are biased against us. You have therefore, by your own actions, disqualified yourself as a competent body to give NSHR a fair and or reasonable hearing. We therefore dispute that ECN under you will be able and or will be willing to give NSHR a fair and unbiased hearing”. 

Yesterday, following an urgent application by NSHR against ECN on November 26 2009, the High Court set aside with costs ECN’s unlawful withdrawal on November 22 2009 of NSHR’s accreditation status to observe the voting process. The process kicked off yesterday, November 27 2009 at 07h00.

Therefore, NSHR rejects the alleged suspension of its Accredited Observer Status as a capricious, vexatious and or frivolous as well as a despicable act of abuse of power and the due process.

“We also dispute the legality of the latest ECN action against us. The so-called notice was issued in terms of Section 52C of non-existent Electoral Act, 1994. Even if such Act existed, we strongly dispute ECN assertions that such an Act contains Section 52C, which empowers Mr. Tonchi to issue his ill-conceived notice. In light of this persistently unlawful conduct by ECN, NSHR reserves its right to institute civil and or criminal proceedings against ECN Chairperson Tonchi”, warned ya Nangoloh.

In case of additional comment, please call Steven Mvula or Phil ya Nangoloh at Tel: 061 236 183 or 061 253 447 (office hours) or Cell: +264 811 299 886 (Phil) or E-mail: nshr@nshr.org.na or visit: www.nshr.org.na