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Performance Assessment and Post-Election Report

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Performance Assessment and Post-Election Report PERFORMANCE ASSESSMENT AND POST-ELECTION REPORT OTJIWARONGO AND OPUWO RURAL CONSTITUENCIES BY-ELECTIONS 1 PERFORMANCE ASSESSMENT AND POST-ELECTION REPORT 2 PERFORMANCE ASSESSMENT AND POST-ELECTION REPORT OTJIWARONGO AND OPUWO RURAL CONSTITUENCIES BY-ELECTIONS CONTENTS List of Abbreviations ...........................................................................................................................................1 Preface .................................................................................................................................................................2 Executive Summary ............................................................................................................................................3 Performance Assessment and Post-Election Report ...........................................................................................5 1. Chapter One: Pre-Election Phase ................................................................................................. 6 1.1 Legislative Framework ............................................................................................................................6 1.1.1 Constitutional Provisions ................................................................................................................6 1.1.2 Regional Councils Act ....................................................................................................................6 1.1.3 Electoral Act ....................................................................................................................................7 1.2 Budgeting .................................................................................................................................................7 1.3 Procurement .............................................................................................................................................9 1.4 Recruitment ..............................................................................................................................................9 1.4.1 Training ...........................................................................................................................................9 1.5 Voter and Civic Education .......................................................................................................................9 1.5.1 Voter Education Activities for the two (2) Constituencies ..............................................................9 1.6 Supplementary Registration of Voters ...................................................................................................10 1.6.1 Provisional Voter Register ............................................................................................................10 1.6.2 Election Materials and Distribution ..............................................................................................10 1.6.3 Transport .......................................................................................................................................11 1.6.4 Stakeholders Engagement .............................................................................................................11 1.6.4 Printing of Ballot Papers ...............................................................................................................11 1.7 Nominations ...........................................................................................................................................12 2. Chapter Two: Election Day ...............................................................................................13 2.1. Security Arrangements ..........................................................................................................................13 2.1.1 Polling Stations .............................................................................................................................13 2.2 Voting Day .............................................................................................................................................13 2.2.1 Voter Verification Devices (VVDs) ...............................................................................................13 2.3 Counting and Announcement of Results ................................................................................................14 2.4 Analysis of Results .................................................................................................................................14 3. Chapter Three: Election Challenges, Recommendations and Conclusion ...........................15 3.1 Election Challenges and Recommendations ..........................................................................................15 3.2 Conclusion .............................................................................................................................................15 LIST OF ABBREVIATIONS CERC Central Elections Results Centre CSO Civil Society Organisations ECN Electoral Commission of Namibia EVMs Electronic Voting Machines IC Independent Candidate FLC First Level Check GRN Government of the Republic of Namibia LA Local Authority OMAs Office, Ministries and Agencies PVR Provisional Voters Register RC Regional Council SVR Supplementary Voter Registration VRKs Voter Registration Kits VVDs Voter Verification Devices 1 PREFACE The Electoral Act read together with the Regional Councils Act mandates the Electoral Commission of Namibia (ECN) to conduct a by-election in instances where a vacancy occurs in a constituency. The legislative framework lays down strict guidelines within which such a by-election must be held i.e. within 90 days after the vacancy occurred. Section 116 of the Electoral Act (Act No. 5 of 2014) requires the ECN to conduct a performance assessment in respect of the electoral process and to publish a post-election report of any election, including by-elections. Following the Supreme Court Judgement handed down by the Chief Justice, on 05th February 2020 on the Presidential election that took place on 27th November 2019, the use of EVM without a voter verifiable paper audit trail was declared unconstitutional. The ECN held a consultative meeting with political parties on the implications of the court judgment and the manner of voting for Opuwo Rural and Otjiwarongo Constituencies. The meeting resolved to use ballot papers for the Opuwo Rural and Otjiwarongo constituencies by- Adv. Notemba Tjipueja elections. Consequently, ballot paper were used during Chairperson the Opuwo Rural and Otjiwarongo by-elections on the 9th March 2020. The re-introduction of the manual voting system required a mindset shift which called for new innovative ways of voter education that ensured that, all registered voters were able to cast their votes in confidence, promote secrecy of the vote and reduce rejected ballot papers. In as much as the Commission had reinforced its voter education activities in the two (2) constituencies to promote confidence in voters when casting their votes, there were still rejected votes recorded in both constituencies. The Commission will thus, direct more resources to voter education and create partnerships with stakeholders to ensure a multi-sectoral approach for voter and civic education to decrease rejected votes as we prepare for the 2020 Regional Council and Local Authority elections. Notwithstanding the challenges encountered the Commission is delighted to announce that the by-elections conducted were a resounding success. As a Commission we extend our sincere appreciation to all stakeholders for the continued support and cooperation and particularly to those voters that have exercised their democratic right by participating in this by-election. Adv. Notemba Tjipueja Chairperson October 2020 2 EXECUTIVE SUMMARY In terms of the legal framework, elections in Namibia are regulated by two (2) Acts – the Regional Councils Act (Act No.22 of 1992) and the Electoral Act (Act No.5 of 2014). In terms of Section 63(3)(2)(b) of the Electoral Act read in conjunction with Section 10(3) of the Regional Council’s Act, the Electoral Commission of Namibia (ECN) is obliged to conduct a constituency by-election within 90 days of a vacancy occurring in a particular constituency. It is against the backdrop of the above cited legal framework that the ECN conducted the Otjiwarongo and Opuwo Rural constituencies by-election. In accordance with Section 116 of the Electoral Act, the ECN initiated the process of conducting a performance assessment in respect of Otjiwarongo and Opuwo Rural constituencies by-election. A vacancy in the Otjiwarongo Constituency occurred on 10th December 2019, as a result of the death of the then sitting councilor, the late Hon. Julius Neumbo. Similarly, a vacancy occurred in the Opuwo Rural Constituency on 12th December 2019 after the resignation of Hon. Mr. Theo Mujoro Kazeongere Tjeundo from his position in compliance Chief Electoral and Referenda Officer with section 77 (4) of the Electoral Act, Act No. 5 of 2014 and articles 46 and 47 of the Namibian Constitution, in order to qualify to be nominated as a candidate on a list of candidates for members of the National Assembly. As per the provisions of Section 10 (2) of the Regional Councils Act, Act 22 of 1992, the Chief Regional Officers for the two (2) Regional Councils by notice in the Government Gazette, dated 16th December 2019, gave notice of the vacancies. Furthermore, in accordance with the stipulations
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