Popular Democratic Movement Namibia and Others v Katjavivi and Others (HC-MD-CIV-MOT-GEN 305 of 2021) [2021] NAHCMD 385 (31 August 2021)

Popular Democratic Movement Namibia and Others v Katjavivi and Others (HC-MD-CIV-MOT-GEN 305 of 2021) [2021] NAHCMD 385 (31 August 2021)

Applicants failed to satisfy the requirement under rule 73(4)(b) to show explicitly why they could not be afforded substantial redress at a hearing in due course; thus, the application was refused for lack of urgency.

Citation
[2021] NAHCMD 385
Parties
Applicant: Popular Democratic Movement Namibia; Applicant: All People's Party; Applicant: Rally for Democracy and Progress; Applicant: Republican Party of Namibia; Applicant: National Unity Democratic Organisation; Applicant: Namibian Economic Freedom Fighters; Applicant: South West Africa National Union of Namibia; Respondent: Professor Peter Katjavivi; Respondent: President of the Republic of Namibia; Respondent: Attorney-General; Respondent: SWAPO; Respondent: Landless People's Movement; Respondent: Christian Democratic Voice; Respondent: United Democratic Front of Namibia; Respondent: Paulus Noah; Respondent: Erna Van Der Merwe; Respondent: Elsie Tuleingepo Nghikembua; Respondent: Joram Rukambe; Respondent: Dr. Emmerentia Leonard
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
31 August 2021
Case Number
HC-MD-CIV-MOT-GEN 305 of 2021
Procedural Posture
Urgent Application / Ruling on Urgency
Outcome
application refused for lack of urgency
Legal Topics
Urgency in Applications, Declaratory Relief, Constitutional Compliance, Costs
Source Language
English
Constitutional Law Civil Procedure Urgency in Applications Declaratory Relief Constitutional Compliance Costs

Case Brief

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Parties

Popular Democratic Movement Namibia

Applicant

All People's Party

Applicant

Rally for Democracy and Progress

Applicant

Republican Party of Namibia

Applicant

National Unity Democratic Organisation

Applicant

Namibian Economic Freedom Fighters

Applicant

South West Africa National Union of Namibia

Applicant

Professor Peter Katjavivi

Respondent

President of the Republic of Namibia

Respondent

Attorney-General

Respondent

SWAPO

Respondent

Landless People's Movement

Respondent

Christian Democratic Voice

Respondent

United Democratic Front of Namibia

Respondent

Paulus Noah

Respondent

Erna Van Der Merwe

Respondent

Elsie Tuleingepo Nghikembua

Respondent

Joram Rukambe

Respondent

Dr. Emmerentia Leonard

Respondent

Procedural Posture

Urgent Application / Ruling on Urgency

Legal Issues

  1. 1 Whether the applicants satisfied the requirements of urgency under rule 73(4) of the rules of court
  2. 2 Whether the application should be heard on an urgent basis
  3. 3 Whether the applicants are entitled to declaratory and consequential relief regarding the President's Proclamations

Ratio Decidendi

Applicants failed to satisfy the requirement under rule 73(4)(b) to show explicitly why they could not be afforded substantial redress at a hearing in due course; thus, the application was refused for lack of urgency.

Court Disposition

application refused for lack of urgency

Orders

  • The application is refused for lack of urgency.
  • The matter is struck from the roll with costs on the scale as between party and party, including costs of one instructing counsel and two instructed counsel.