Namibian Opposition Parties Plan Court Appeal of Election

C O N F I D E N T I A L WINDHOEK 000461

C O R R E C T E D C O P Y - IS ZEN BOX CHECKED

SIPDIS
STATE FOR AF/S

E.O. 12958: DECL: 2019/12/14
TAGS: PGOV PREL WA
SUBJECT: Namibian Opposition Parties Plan Court Appeal of Election
Results

CLASSIFIED BY: Matt Harrington, DCM, State, EXEC; REASON: 1.4(B),(D)


1. (U) Action Request: See paragraph 7.




2. (C) Summary: On December 11, opposition party youth
leagues marched and submitted a petition demanding nullification of
the election results to the Electoral Commission of Namibia (ECN).
Opposition parties also announced their intention to submit a
challenge to the results in the Namibian High Court on December 11,
but they failed to do so. Opposition party representatives
continue to tell Emboffs that the challenge will be submitted,
pending receipt of "crucial" information from the ECN. End
Summary.




3. (U) Namibian opposition parties had indicated that
December 11 would be a day of protest, with youth league
representatives around the country presenting petitions to the
Electoral Commission of Namibia in Windhoek, and to municipal
courts in other locations. At the same time, opposition leaders
had stated their intention to submit an urgent challenge to the
election results in the High Court on December 11.




4. (C) In the end, the day proved to be anti-climactic. The
expected High Court hearing of the opposition's election challenge
did not take place. The court registrar told Embassy
representatives that the necessary paperwork had not been
submitted. Senior RDP official Libolly Haufiku confirmed that the
opposition's lawyers were still waiting for "crucial" information
from the ECN, which they hoped would be forthcoming this week.
Representatives of other opposition parties told acting poloff they
were waiting for additional examples of both ECN incompetence and
SWAPO vote-rigging before going forward. Haufiku reiterated to DCM
his earlier insistence to the Ambassador (reftel) that the
opposition has significant evidence of fraud at the election
verification centers.




5. (U) Although it was anticipated that large numbers of
opposition party youth would march and deliver petitions across the
country, the only confirmed march took place in Windhoek. A group
of about 50 protestors delivered a petition to the Director of
Elections, demanding that the ECN nullify the elections; that the
ECN resign immediately; and that new elections be held under the
supervision of a "competent, credible, impartial and independent
body" made up of all participating parties. The opposition has
threatened to continue to protest until its demands are met.




6. (C) Comment: Although the High Court closed on December
11 for the holiday season, there is one judge available to hear
urgent applications, and we understand the election challenge would
fall into that category. Libolly Haufiku, the RDP official, still
expects the case to be submitted and heard this year, although he
did tell us he wanted the High Court to carefully consider all the
evidence and did not want the case to be "rushed."




7. (C) Action requested: Based on the reports of our own
Embassy observer teams, and those of both international and
domestic observer groups, the two days of voting were peaceful and
generally well-organized, although some irregularities were
observed. We have not yet seen the opposition's evidence of fraud
at electoral verification centers, but believe those allegations
will get a fair hearing in the High Court. At this point, we
believe the outcome generally represented the will of the Namibian
people and recommend that President Obama send a congratulatory
message to President Pohamba on his reelection to a second, and
final, five-year term.
MATHIEU