PRELIMINARY STATEMENT
BY
THE HEAD OF THE SAHRL ELECTION OBSERVER MISSION (SEOM)
TO
THE 2024 PRESIDENTIAL AND NATIONAL ASSEMBLY ELECTIONS OF THE REPUBLIC OF
NAMIBIA
PROF. TALENT RUSERE HIGH COMMISSIONER OF THE SOUTHERN AFRICA HUMAN RIGHTS
LAWYERS
WINDHOEK, NAMIBIA, 30TH NOVEMBER 2024
Hon Commissioner, Dr Oscar Johannes, Human Rights Commissioner of The
Southern Africa Human Rights Lawyers and Head of the SAHRL Election
Observer Mission to the Presidential and National Assembly Elections of the
Republic of Namibia.
Hon Commissioner, Tapshinga Mugore, Human Rights Commissioner of The
Southern Africa Human Rights Lawyers and the SAHRL Election Observer
Mission to the Presidential and National Assembly Elections of the Republic of
Namibia.
Hon Commissioner, Mrs Anita Ruswa Rusere, Human Rights Commissioner and
Chief Administrator of The Southern Africa Human Rights Lawyers and the
SAHRL Election Observer Mission to the Presidential and National Assembly
Elections of the Republic of Namibia.
Hon Commissioner, Ms Grace Kajai, Southern Africa Human Rights Lawyers
Commissioner in Botswana;
Hon Commissioner, Mr Ezekiel Gwangwava, Southern Africa Human Rights
Lawyers Commissioner in Zimbabwe;
Hon Commissioner, Mr Gwesu, Southern Africa Human Rights Lawyers
Commissioner in Zambia;
Your Excellencies, Heads and Representatives of the Diplomatic
Missions accredited to the Republic of Namibia;
Members of the SAHRL Electoral Advisory Council;
SAHRL Election Observers & Coordinators;
Leaders and Representatives of Political Parties;
Religious Leaders and Members of the Civil Society;
Members of the media;
Distinguished Guests;
Ladies and Gentlemen.
I. INTRODUCTION
On behalf of the Southern Africa Human Rights Lawyers (SAHRL) it is my honour
to welcome you to the release of the Preliminary Statement of the Southern
Africa Human Rights Lawyers Election Observer Mission (SAHRL-EOM) on the
conduct of the 27-29 November 2024 Presidential and National Assembly
Elections in the Republic of Namibia.
As Head of Mission, I am supported by representatives from the Republics of
Botswana,South Africa,Namibia,Zimbabwe, Mozambique and Zambia. The
EOM received expert advice from the SAHRL High Commission on Electoral
Observation (SAHRL-HCEO).
The Mission comprises 8 Commissioners from five SADC Member States, namely,
the Republics of Botswana, Zimbabwe, Mozambique, South Africa, and Zambia.
These observers were deployed across all fourteen
regions of the Republic of Namibia. The Mission observed the Presidential and
National Assembly Elections in accordance with the Revised UN & SADC
Principles and Guidelines Governing Democratic Elections and the Constitution
and Electoral Act of the Republic of Namibia.
As part of its mandate, Our Mission engaged key stakeholders in Namibia,
including the Electoral Commission of Namibia (ECN), the Government of
Namibia specifically, Diplomatic Missions accredited to the Republic of
Namibia; political parties, civil society organisations, faith-based organisations,
academia, and the media.
This Preliminary Statement covers the Mission’s observations of the pre-
election period and voting day activities. The SAHRL-EOM final report will
include our observations of the post-election processes, which include the
results management and announcement processes.
AI. SUMMARY OF KEY FINDINGS
The SAHRL-EOM observed the following:
(a) The Political and Security Environment
The Mission observed that the country was calm and peaceful during the pre-
election and election day. Political campaigns were conducted peacefully.
The Mission noted submissions from stakeholders that the country was
experiencing active involvement of the youth in politics.
(b) Electoral Legal Framework
The Presidential and National Assembly Elections are mainly governed by the
Constitution of the Republic of Namibia and the Electoral Act 5 of 2014
(Electoral Act).
The Mission noted that according to Article 28 (2) of the Constitution, the
President is elected by direct, universal and equal suffrage on obtaining
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more than fifty (50) per cent of the valid votes cast. If more than fifty (50) per
cent is not secured, the President is elected in the second ballot between the
two candidates who would have obtained the highest votes in the previous
ballot. According to Section 109 (4) of the Electoral Act, if no presidential
candidate attains more than fifty per cent of the votes, the second ballot must
be conducted within 60 days of announcement of the results.
According to Article 46 (1) (a) of the Constitution, the National Assembly is
composed of ninety-six (96) members to be elected by the registered voters
through direct and secret ballot. The election of the members in terms of
Article 46(1)(a) is based on political party lists and in accordance with the
principle of proportional representation.
(c) Management of the Electoral Process
The Mission observed that the elections are managed by the Electoral
Commission of Namibia (ECN), which, according to the law, is the exclusive
body that directs, supervises, manages and controls elections and referenda.
The ECN consists of five Commissioners, including the Chairperson, appointed
by the President with the approval of the National Assembly. In terms of Article
94B(2) of the Constitution, the ECN must be an independent, transparent, and
impartial election management body.
(d) Matters arising from the stakeholder’s engagements:
(i) Voter Registration
The Mission noted that the final voters' register indicated 1,449,569
registered voters, representing approximately 90% of 1,615,910
eligible voters from the 2023 census.
(ii) Civic and Voter Education
The Mission observed extensive civic and voter education by the
stakeholders. Stakeholders shared several initiatives to inform
citizens about the electoral process; however, some reports indicated
that some remote areas may not have received adequate coverage.
(iii) Preparedness of the ECN
(a) The Mission noted that the stakeholders had no confidence in how
the elections had been conducted. Most stakeholders accused the
ECN for being unprofessional and decieptive. Stakeholders also
raised concerns citing inefficiencies within the ECN, which caused
changes in the implementation of some of processes, such as the
procurement method of the printing of ballot papers.
(b) The Mission noted longing threats of polling staff to withdraw their
services due to poor remunerations by the ECN. The Mission also
noted that operational matters such as contracting the staff could
have been done earlier to give enough room for negotiations.
Nevertheless, the
Mission appreciated that atlast, the ECN came to an agreement
with the aggrieved staff.
(c) The Southern Africa Human Rights Lawyers Election Observer Mission
noted that the voting on 27 November 2024 was characterised by a
lot of irregularities, violations of the electoral act, violation of the
constitution, deliberate voters frustration and exclusive operational
lapses by the Electoral Commission of Namibia such as shortages of
ballot papers at polling stations, heating of tablets, running out of
batteries for the torches and mobile polling stations forcing voters to
leave without casting their votes. There were deliberate delays of
voting processes in more than 63% of the total polling stations across
the country. There were deliberate delays on the arrival of ballot
papers. Citizens started voting around 09:15am to 09:40am and by
around 11:30am there were shortages of ballot papers in about 38%
of the total polling station across the country.
(iv) Gender representation
The Mission noted that Namibia has a neutral representation of
women in elected political positions, particularly in the National
Assembly and, consequently, in the Cabinet. Our Mission also noted
that most political parties implements policies to ensure gender
representation.
(v) Media
The Southern Africa Human Rights Lawyers Election Observer Mission
noted the general negative assessment of the media as the state
media houses strived to cover only the ruling party; hence, there were
so much concerns about unequal coverage in the state owned media.
The Mission also noted that most if not all opposition parties relied on
social media to communicate their political messages.
(vi) Electoral Law
The Mission noted that while the law clearly articulates procedures
during and after elections, the Electoral Commission of Namibia failed
to observe the basic electoral and legal frameworks,hence there were a
lot of irregularities even if there were areas that could be improved to
provide clarity and certainty, for instance, provisions on tendered votes,
the period within which results ought to be announced and
management of the period between the announcement of results and
the swearing in of office bearers.
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III. OBSERVATIONS ON ELECTION DAY
On Election Day, 27 November 2024, the Southern Africa Human Rights
Lawyers Election Observer Mission the voting process across all Regions in
Namibia. Our Mission covered about 219 polling stations and observed the
following:
Opening procedures were observed in 16 polling stations:
(i) 63% of polling stations opened late around, 0930 hours due to deliberate
delays by the Electoral Commission which had 5 years to prepare for the
election. There were no ballot papers in most of the polling station at the
time opening and voters had to patiently wait for arrival of ballot papers.
However, 37% opened on time an around 0700hrs.
(ii) Long queues were observed at all polling stations before opening.
(iii) In all the observed polling stations during the opening, the presiding
officers showed the empty ballot boxes to all present before locking and
sealing them.
(iv) Our Mission noted that voters’ roll was not displayed at any of the polling
stations observed. Our observers were informed that the voters’ roll was
not displayed because voters were allowed to vote anywhere in the
country.
(v) Our Mission noted some voters’ verification setups in all polling
stations.Fingers were to be scanned to verify if they had not voted
however the process was not 100% as there were challenges with the
verification machines.
Polling procedures were observed in 219polling stations:
(i) The environment at the polling stations started calm and peaceful, and no
significant incidents of violence or intimidation were observed. The voters
started retaliating to deliberate delays and shortages of material by the
ECN raising concerns on transparency and credibility. Some voters ended
up leaving the polling stations without casting their votes.
(ii) Over 63% of polling stations observed were not peaceful and drastically
not conducive to voting . However, most polling faced issues such as poor
crowd control and long queues, which were likely caused by the ECN’s
unpreparedness and a very slow processing of voters.
(iii) Atleast 37% of polling stations observed adhered to regulations
prohibiting campaign materials in their vicinity, reflecting strict
compliance with electoral guidelines and ensuring a neutral voting
environment.
(iv) Security personnel were present at all polling stations, ensuring a safe
environment.
(v) There was no enough accessibility for persons with disabilities ensured
atleast 57.5% of polling stations were inaccessible. The inaccessibility was
due to polling stations being located upstairs with no amenities for
disabled persons or in areas with uneven terrain, which posed physical
barriers.
(vi) Our observers were not allowed full access to observe and interact with
presiding officers at 66.5% of polling stations facing restrictions. In some
cases, only one observer per group was allowed inside, while in other
instances, Our observers were denied entry.
(vii) 87.5% of party/candidate agents and observers were present and actively
performing their roles at the opening of polls, while 12.5% were absent.
(viii) Citizens and international observers were present at 50% of the observed
polling stations.
(i) The Southern Africa Human Rights Lawyers Election Observer Mission
noted with concerns that most of the polling stations observed during
opening had no necessary election material and were not prepared
enough to start voting. Voters had to wait until they lost their patience
and started protesting. We noted exclusive voters frustration resulting in
voters leaving polling stations without casting their votes. There was too
much shortage of ballot papers polling stations from as early as 11am
despite claims by the ECN that they had printed additional 400 000 extra
ballot papers as contingency.
IV. PRACTICE
Due to voters turnout , Our Mission however commends stakeholders for
extensive civic and voter education, particularly for initiatives such as the
voters’ booklet and the QR code on the accreditation cards, containing the
necessary election information.
The ECN also failed the visually impaired to vote in secret through the
introduction of braille ballot papers, relating to the spirit of Article 4.1.1, of the
Revised SADC Principles and Guidelines Governing Democratic Elections, which
“Encourage the full participation of all citizens in democratic and development
processes”.
The Mission also commends all stakeholders for a gender inclusive recruitment
of electoral personnel. Atleast 65.05 % of the polling officials were female.
V. RECOMMENDED IMPROVEMENTS IN THE ELECTORAL PROCESS
Our mission is continuing the process of electoral observation in the post-
election phase. As such, the Mission will not render comprehensive
recommendations or qualifications for the election at this stage. However, the
Mission has observed the following areas of the electoral process and system
that relevant stakeholders may wish to consider improving:
1. Transparent Communication Protocols
The ECN should establish transparent and clear protocols for engaging
stakeholders, ensuring timely and transparent communication, particularly
when making significant decisions such as changing counting venues or
extending voting periods. Regular briefings or consultations with all
stakeholders, including political parties, civil society organizations, and
observers, should be institutionalized to maintain trust and credibility.
(a) Tendered Votes
The Government should consider reforming its electoral system as the current
system where the country is perceived as one constituency allowing voters to
vote in any constituency irrespective of where they are registered creates
logistical and administrative challenges such as shortage of ballot papers in
many polling stations.
(b) Access to the voters roll:
In order to improve perceptions amongst the public, political parties and
candidates, ECN is advised to strictly follow the provisions of the Constitution
on transparency, access to information, and timeously avail the voters roll in
accordance with the stipulations under the Electoral Act.
(c) State-owned media coverage:
The relevant media regulatory authorities are urged to ensure the
implementation of measures that require impartiality in the coverage of
political events by State-owned media.
(d) Voting materials:
ECN is urged to strengthen transparency in the procurement
process , and delivery of all voting materials, including ballot papers, and put in
place a monitoring system that includes the participation and verification by
electoral stakeholders. In addition, there is need for the Electoral Act to be
revised to put in place clear time-frames within which these processes should
be completed.
Workshops and periodic engagement sessions with stakeholders can enhance
mutual understanding and trust in the ECN's processes.
(e) Recruitment of staff
The ECN is advised to arrange contracting modalities for staff early to avoid
last-minute contractual disputes.
(f) Establishment of Voting Streams
The ECN is also advised to establish multiple voting streams within polling
stations to assist reducing the queues and frustration of voters.
CONCLUSION
In conclusion, the Mission observed that the pre-election and voting phases,
on 27-29 November 2024 Harmonised Elections were peaceful, and calm.
However, for reasons outlined above, the Mission noted that some aspects of
the Harmonised Elections, fell short of the requirements of the Constitution of
Namibia, the Electoral Act, and the SADC Principles and Guidelines Governing
Democratic Elections (2021). The Mission commends the people of Namibia for
maintaining a peaceful political environment during the pre-election period,
and on voting days.
The Mission will release its final report after the validation and proclamation of
final results, as provided for in the UN & SADC Principles and Guidelines
Governing Democratic Elections. The final report will be shared with the ECN
and all stakeholders. In terms of International Principles and Guidelines
Governing Democratic Elections, our long term Independent observers will
remain on the ground to continue with the post-election observation until the
10th of December 2024.
The SAHRL shall return at an appropriate time, to undertake a postelection
review to determine the extent to which the recommendations of SEOM have
been 11 implemented and the nature of support, if any, that Namibia may
require from the Southern Africa Human Rights Lawyers, to implement those
proposals. In the event of any electoral disputes, Our Mission appeals to all
contestants to channel their concerns through established legal procedures
and processes. The Mission urges all political parties and the people of Namibia,
and all other stakeholders to allow the ECN to announce the final results as
legally mandated.
Thank you All
Prof. Talent Rusere
Southern Africa Human Rights Lawyers
High Commissioner
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