Namibia: Party registration

Updated September 2009

Electoral legislation tasks the Electoral Commission of Namibia (ECN) with, among other things the supervision and control the registration of political parties" (Electoral Act 1992, 4(2)(c)). Namibia uses the proportional representation system, based on candidate lists submitted by political parties, for election of members of the National Assembly (Lodge 1999, 3). Registration of a party with the ECN is thus essential for contesting elections at this level.

Terms of registration

The ECN may direct that a party be registered (the actual register is maintained by the Director of Elections) if (Electoral Act 1992, 39(1)(a)):

  • The main objective of the party is to participate in and promote elections; this includes aspects such as the nomination of candidates, canvassing for votes of undertaking of expenditures in support of a candidate or another political party.
  • The aims of the party are not prejudicial to safety of the state, to public welfare or to good order.
  • The party membership is open to all regardless of sex, race, colour, ethnicity, religion or social or economic status.

Registration process and changes

An applications for registration must include (Electoral Act 1992, 39(3):

  • The name of the party and the abbreviation and party symbol to appear on ballot sheets.
  • The full names and the signature of its authorised representative with the postal and physical address of the party's office from which the representative will operate.
  • A list of office bearers with their full names and addresses.

Applications must also be accompanied with payment of the registration fee (N$5 000; Lodge 1999, 29), the constitution of the party and the endorsement of 500 members who are registered voters (Electoral Act 1992, 39(1)(b)). This declaration must include the full names and numbers of the members as well as the details of the areas in which they are registered (Electoral Act 1992, 39(4).

Prior to registering a party the Director of Elections is required to publish all the details of the party in the government Gazette and any registered party may lodge an objection if the prospective name, abbreviation or symbol is sufficiently close to its own that it may confuse voters (Electoral Act 1992, 39(4A)(a),(b)). A party may also lodge an objection to any of the names of the 500 endorsing members on the grounds that they are not registered voters (Electoral Act 1992, 39(4A)(c)).

If registration is approved by the ECN, the party is issued with a certificate of registration by the Director of Elections (Electoral Act 1992, 39(6)(a). The ECN must be informed of any changes to the party's details, excluding office bearers, along with its registration certificate, within 30 days of the change being made (Electoral Act 1992, 39(5). The Director of Elections is required to publish any proposed changes in the Gazette and call on registered parties with objection to make their submissions (Electoral Act 1992, 39(5). If the changes do not conflict with the initial conditions of registration, or resemble too closely the name, abbreviation or symbol of another party, the changes are registered and a new certificate is issued or written notice to the party of the change is given (Electoral Act 1992, 39(6)(b).

Objection to the details of a new party or to changes made by an existing party must be made within 30 days of the publication of the Gazette and must layout the grounds for the objection (Electoral Act 1992, 39(5A)(a). The ECN must decide on the validity of an objection within 14 days of receiving it; if it determines that the objection is valid allow the affected party 60 days to rectify the matter and it must inform both parties involved of whatever decision it makes (Electoral Act, 1992, 39(5A)(b),(c)). If either party is dissatisfied with the decision made by the ENC the party may appeal to the High Court of Namibia (Elections Act, 1992, 39(5A)).

False information rendered in terms of the above is an offence and the offenders are liable to the same penalties as for perjury (Electoral Act 1992, 39(7).

Refusal and cancellation of registration

A party may be refused registration if it does not meet the terms of registration set out above, if its name, abbreviation or symbol too closely resembles that of another party so as to confuse or mislead voters or if its name is indecent, offensive or immoral (Electoral Act 1992, 40).

A party's registration may be cancelled if (Electoral Act 1992, 41):

  • The authorised representative of the party informs the ECN that a congress of the party has decided to dissolve the party.
  • The ECN, after hearing representations of the party on the matter, the party fails to comply with the terms of registration described above, or
  • the party conducts its activities in a way that discriminates on the basis of race, colour or ethnicity, or
  • the party fails to comply with guidelines for conduct of political activities published by the ECN in the Gazette, or
  • the party no longer intends being registered as a party.

Appeals against refusal of registration or cancellation of registration may appeal to the courts within 30 days of receiving notification of the decision by the ECN (Electoral Act 1992, 45).

Local government registration

Organisations or associations that do not have as their main objective to participate in and promote elections may register with the ECN to partake in local government elections, provided they meet the other two terms of registration. Such groups under go a similar application process, save that they need to demonstrate only 250 members and the registration fee is only N$500 (Electoral Act 1992, 45; Lodge 1999, 29).

References

ELECTORAL ACT (NO 24) OF 1992 as amended in 1994, 1998 and 1999.

LODGE, T 1999, Handbook of Namibian Electoral Laws and Regulations 1999, EISA.