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Chronology
 
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The 1989 Election
The 1992 Regional Council and Local Authority Elections
The 1994 Presidential and National Assembly Elections
The 1998 Regional Councils Election
The 1999 Presidential and National Assembly Elections
 
 
 
The 2004 Election

The fourth Presidential and National Assembly elections were held from 15th to 16th December 2004. The elections saw the entry of two “new” political parties to the election arena; the Republican Party (RP) and Nudo, both splinter groups from the DTA.
 

The presidential campaign and election
Campaigning preceding the election and “election fever” were muted in comparison to the campaigning by SWAPO presidential candidate nominees in May 2004, where Minister of Lands, Resettlement and Rehabilitation Hifikepunye Pohamba was elected SWAPO candidate at the extraordinary congress at the end of May 2004. Candidate Pohamba won the election, almost reaching Nujoma’s 1999 election result level and outstripping SWAPO’s national election result.

 
Name Party Votes %
Justus //Garoeb United Democratic Front • UDF 31,354 3.8%
Katuutire Kaura Democratic Turnhalle Alliance • DTA 41,905 5.1%
Henk Mudge Republican Party • RP 15.955  
Hifikepunye Pohamba SWAPO 625,605 76.4%
Kosie Pretorius
Monitor Action Group • MAG 9,378  
Kuaima Riruako National Unity Democratic Organisation • Nudo 34,616 4.2%
Ben Ulenga Congress of Democrats • CoD 59,547 7.3%
 
National Assembly campaign and election
Whilst opposition parties campaigned only a few weeks before the elections, SWAPO started to mobilize its supporters and hold rallies shortly after the congress in May. Notably, intimidation and hate speech, characteristic of the ’99 Election, were absent from the campaigning platform and the elections held in an amicable atmosphere with high turnout, attributed to the fact that President Sam Nujoma was retiring and would not join the presidential race, rather than to any campaign issues per se.

The results were announced on 21st November 2004 as follows:
• Registered voters:
977,742
• Votes cast:
827,402 / 84.6%
• Spoilt ballots:
11,421 / 1.38%

 
Party Votes % Seats
Congress of Democrats • CoD 59,494 7.31% 5
Democratic Turnhalle Alliance • DTA 41,697 5.12% 4
Monitor Action Group • MAG 6,919 0.85% 1
Namibian Movement for Democratic Change 4,143 0.51% 0
National Unity Democratic Organisation • Nudo 33,857 4.16% 3
Republican Party • RP 15,973 1.96% 1
South West Africa National Union • SWANU 3,446 0.42% 0
SWAPO 619,066 76.06% 55
United Democratic Front • UDF 29,360 3.61 3
 
Concerns raised by the opposition, including criticism of the Commission for printing 1,9 million ballot papers each for the National and Regional Council elections when there were 977,742 registered voters; the allocation of apportioned air time to political parties which however favoured the ruling party and; the delay in counting of the votes, were eclipsed by the discovery of 22 ballot papers – some partially burnt – in a dry river bed just outside Okahandja on 25th November 2005, four days after the results were announced.

Of the 22 ballots, ten were for Nudo, six for the RP, two for the CoD, one each for the DTA, UDF and NMDC and one ballot was spoilt. Although the 22 votes do not impact significantly on the results, questions regarding the integrity of the process were certainly raised and rumours rife.
 
The Opposition Petition
Initially declared “free and fair”, the results were challenged by opposition petition on 22 December 2004 when the CoD and RP filed an application with the High Court asking that either the results be set aside or that an order to audit the ballots be issued.
 
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In order to finance the petition, the parties unveiled plans to launch a fund to be known as Salvage Democracy on 2 January 2004. Although the Electoral Commission of Namibia (ECN) announced that it would oppose the application on 18 January – by which time Swanu, UDF and NamDMC had joined the petition – it failed to meet the 7th February deadline. The hearing was provisionally postponed until 3rd March. Further potential legal recourse loomed against the ECN due to their apparent inability to provide the opposition parties with the electronic version of the voters roll as per a December High Court judgment that it grant the CoD and RP access to election-related documents. In a twist, controversial allegations were made against both the CoD and RP as instigators of the ballot scandal.
 
The High Court Judgement
The High Court, on 10 March 2005, ordered that the announcement of the National Assembly election results – as published in Government Notice 3 2005 – be declared null and void an of no force and effect. The case was heard on 3, 4 and 7 March 2005.

It furthermore ordered the Electoral Commission of Namibia to:
• Recount the votes cast in the election at a secure and convenient location in Windhoek and as provided for by electoral laws;
• Start such a recount within 5 calendar days and finish within a reasonable time thereafter, but not later than 10 calendar days;
• Allow the opposition to exercise their rights with regard to the recount as provided for by the Electoral Act of 1992;
• Ensure that the results of the recount are announced in terms of Section 89 of the Electoral Act of 1992;
• Pay the costs of the hearing.

The judgment noted that although the term of office of the 3rd National Assembly would ipso facto expire with the members of the Executive (with the exception of the President) at midnight on 20 March 2005, it would be inappropriate to “express any views on the legal consequences of the constitutional vacuum which might result if members of the 4th National Assembly cannot take up their seats, such a state of affairs will be most undesirable in the running of the affairs of state.

 
The Recount
After a delay of eight hours, counting started on Sunday, 13 March 2005 at the Windhoek Show Grounds. The opposition criticized the Commission on logisitical arrangements, predominantly regarding accommodation and ablution facilities at the Grounds which had to house approximately 800 people, their bedding and 2,300 ballot boxes for four days.

The most contentious issue of the recount was the fate of 40 waterlogged ballot boxes (predominantly from Ohangwena region), which became the subject of a forensic investigation after it was found that not all ballots bore the Commission’s secret stamp. Whilst the penciled-in vote was not affected by water, the secret stamp, however, may have been washed off. A total of 935 such ballots were finally declared invalid. Doubts were further raised as to whether all boxes were accounted for after sources maintained that not all boxes contained identification tags other than serial numbers indicating their origin.
 
The Recount Results
The results were announced by the Director of Elections on Wednesday, 16 March 2005, four days after the start of the recount.
 
  First Count The Recount
Total Number of votes 827,405 829,269
Spoilt ballots 11,405 10,830*
Seat Quota 11,305 11,367
* Includes 935 water-damaged ballots.
 
The 72 seats of he National Assembly were allocated as follows:
 
  First Count: Votes and seats The Recount:
Votes and seats
CoD 59,465 - 5 seats 59,464 – 5 seats
DTA 41,714 – 4 seats 42,070 – 4 seats
MAG 6,920 – 1 seat 6,950 – 1 seat
NDMC 4,138 – 0 seats 4,380 – 0 seats
Nudo 33,874 – 3 seats 34,814 – 3 seats
RP 15,965 – 1 seat 16,187 – 1 seat
Swanu 3,438 – 0 seats 3,610 – 0 seats
SWAPO 620,787 – 55 seats 620,609 – 55 seats
UDF 29,336 – 3 seats 30,355 – 3 seats
 
Whilst the recount did indicate that errors had been made, the outcome was similar to the November 2004 count and the allocation of seats was not influenced.
 
 
 
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