Recalled MPs refuse to vacate Parliamentary seats

08 June 2018 Author   Eliaser Ndeyanale
The Workers Revolutionary Party (WRP) legislator in the National Assembly, Salomon Fleermuys, has refused to vacant his Parliamentary seat after he and fellow parliamentarian,
Benson Kaapala, were suspended and subsequently expelled from the party last month.
The two were expelled for financial mismanagement after N$2 million disappeared from the party’s account.
In a letter dated 28 May, 16 WRP central committee members advised the Speaker of the National Assembly, Peter Katjavivi, that August Maletzky and Elvis Kazikua had been nominated to fill the “vacant” seats of WRP in the National Assembly.
But speaking to the Windhoek Observer this week, Fleermuys said that he will not vacate his seat, alleging that the party’s constitution had been tampered with to expel them from the party and recall them from Parliament.
“We are being expelled by illegal people using an illegal and fraudulent constitution. The constitution they are talking about is not the one we registered the party with. I am going to fight this issue in High Court and I am not going to vacate my parliamentary seat. We are in Parliament to represent the interests of the former South West Africa Territorial Forces (SWATF) and Koevoet,” he said.
Fleermuys also said that the WRP National Chairperson, Maletzky, should not have been nominated to go to Parliament because he has a pending court case in which he is being accused of fraudulently selling a property for N$2.5 million.
Maletzky, who is also a lay litigant, was arrested by the Anti-Corruption Commission in March and appeared in the Windhoek Magistrates Court on two charges under the Anti-Corruption Act.
He is also charged with a count of fraud.
Maletzky and his co-accused Simon Afrikaner and lawyer Titus Mbaeva are jointly charged with corruptly using a false document and attempting or conspiring to commit fraud and corruptly using a false document.
In the fraud charge, which only Maletzky is facing, the prosecution is alleging that he defrauded Samuel Dias of his property in Windhoek, by pretending to Dias that he wished to rent his property.
Maletzky allegedly sold the property for N$2,5 million using a fraudulent power of attorney in which Dias supposedly authorised him to sell his house.
Mbaeva was allegedly involved in preparing the power of attorney.
Maletsky is out on bail N$100,000.
If he gets convicted, the party will have to withdraw his nomination to Parliament as he will be ineligible to become an MP according to Article 47 of the Namibian Constitution, which states that no persons may become members of the National Assembly if they have been convicted.
WRP central committee member, Pastor Isak Kharob, said the party did not know that Maletzky has an ongoing court case when they made the decision to send him to Parliament.
“We don’t know about that, but if he gets convicted, the decision will be in the hands of the central committee,” Kharob said.
Asked what procedures Parliament follows in the event that a member refuses to vacate their parliamentary seat, Katjavivi said it is up to the courts to decide whether a member should stay or vacate.
“There is nothing that we can do, we leave it in the hands of the court to decide whether the member is legitimate or not,” he said.
Kaapala could not be reached for comment before the time of going to print.
WRP was formed in 1989 as a communist Trotskyism party. It won two National Assembly seats in the 2014 national elections.


The Windhoek Observer is an English-language weekly newspaper, published in Namibia by Paragon Investment Holding. It is the country's oldest and largest circulating weekly.

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