20100906 Namibian
Windhoek — THE case in which nine opposition parties are challenging the conduct of Namibia's national elections late last year has been sent back to the High Court.
In a ruling given in the Supreme Court this morning, the parties won their appeal against the High Court ruling in which their challenge to the elections was struck from the court roll on March 4.
That decision to strike the parties' application from the court roll on the grounds that it had been filed ninety minutes late in terms of the High Court rules was wrong, five judges of the Supreme Court agreed in a unanimous decision.
The court allowed the parties' appeal, and ordered the Electoral Commission of Namibia and Swapo, which opposed the parties' application to have the National Assembly and presidential elections set aside or get a recount of votes cast in those elections, to pay the parties' legal costs in the appeal.
The court further ordered that the case is being sent back to the High Court, which must now make a decision on the merits of the poll challenge which were left undecided in the ruling given on March 4.
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