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Electoral Court

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January 2025

Electoral Court — Jurisdiction Electoral Act 5 of 2014 — Section 167(1) and (2) Electoral Court is established as a division of the High Court with powers conferred on it by Art 78(4) and 80 of the Namibian Constitution and the High Court Act 16 of 1990.

 

Electoral Court — Jurisdiction — Electoral Act 5 of 2014 — Section 168 — Electoral Court has jurisdiction to hear any challenge mounted by a political party against the conduct of National Assembly elections.

Jurisdiction — Supreme Court — Apex Court in terms of Art 79 and 81 of the Namibian Constitution — Supreme Court has first instance jurisdiction to hear a challenge mounted against the conduct of Presidential elections.

 

Practice — Stay of proceedings — When available — Electoral Court having inherent jurisdiction to stay proceedings pending outcome of other proceedings to prevent abuse of its process, where it is in the interest of the administration of justice, to facilitate the resolution of real issues justly, speedily, efficiently and cost effectively — Discretion to be sparingly exercised.

20 January 2025