"Mistakes in election results don't automatically invalidate the outcomes" – Windhoek Observer
By Justicia Shipena
The recent ruling by the High Court has clarified an important aspect of electoral process: election results remain effective and binding, even when they include errors, unless a higher court intervenes to overturn them. This decision came to light following a case that addressed a misallocation of a council seat in the Rundu local authority election.
On December 9, 2025, High Court judge Thomas Masuku stated that all administrative decisions, including those related to elections, hold validity until a competent court declares otherwise. He emphasized that this principle is crucial for maintaining legality within the electoral system.
Masuku affirmed, "It is now firmly established that administrative decisions are valid and binding, no matter how flawed, unless a competent court annuls them."
This ruling was prompted by an urgent request from the chairperson of the Electoral Commission of Namibia (ECN) and the commission itself, following the discovery of an error in the results of the Rundu Local Authority election, which took place on November 26, 2025.
In Rundu, there are seven council seats. After counting the votes, returning officer David Kankara mistakenly announced that one seat had been awarded to the Independent Patriots for Change (IPC). However, the ECN later uncovered that this allocation was incorrect.
The commission found that the Rundu Urban Community Association (RUCA) had actually received 674 votes, surpassing IPC's 642 votes, thus making them the rightful recipient of the seat according to the electoral formula in use.
Judge Masuku noted that the ECN acted appropriately by seeking court intervention to rectify its mistake instead of waiting for a party affected by the decision to formally challenge it. He argued that responsible governance necessitates that public bodies pursue judicial review whenever they realize a decision may be unlawful or erroneous.
"When an administrative decision-maker recognizes that its ruling is marred by illegality, it must seek the court's guidance to have the decision reviewed and possibly overturned," Masuku explained.
The court deemed the situation urgent, highlighting the necessity for newly elected councillors to assume their roles promptly to ensure the council can operate effectively, select leadership, and commence their duties. Any delays could have severely disrupted governance in Rundu.
Masuku underscored the importance of upholding the electorate's intentions, stating, "Allowing the incorrect allocation to remain would have distorted the true will of the voters expressed through their ballots."
As a result, the court declared the seat allocation to IPC as null and void, annulled the previous decision, and corrected it by awarding the seat to RUCA.
