Assignment task:
The length of the assignment is 3000 words excluding references and bibliography. There is no presumption that the use of a case name, article, or section results from knowledge of its content. 8. In answering the questions, you are expected to first briefly explain the law governing the particular issue, and thereafter apply the law to the facts.
Section 7 of the Representation of the People Act (fictious) provides that: "a person is qualified to be registered as a voter in a constituency if, on the date of on lections, s/he is (a) a Namibian citizen; or (b) someone who has resided in Namibia for a period of at least five years immediately before the qualifying date ." Dingara, an Angolan national has been living in Namibia for the last 19 years. Dingara visits the offices of the Electoral Commission of Namibia (ECN) to be registered as a voter in the upcoming local authority elections. 3 Dantago, an electoral officer, informs Dingara that he is not eligible to be registered as a voter. Dantago believes that only Namibian citizens should be registered to vote in Namibia. In a separate incident, Ciren, another Angolan national enjoying permanent residency status, is refused registration as a voter because Dantago falsely states on her application form that she has a conviction for theft. To increase the number of voters in the Big Men constituency, Dantago registers six (6) Namibian nationals in that constituency. These nationals all resided less that the prescribed time in the constituency for them to participate in the elections. (Source: Adapted from the West Indies University,2015) Advise the parties on the legal position in each of the following separate instances:
Q1. Why the decisions of Dantago in each of the respective cases amount to an administrative action (do not discuss the any grounds of review pertaining to lawfulness, reasonableness, or fairness).
Q2. Discuss TWO grounds of review upon which Dingara can challenge of the decision. (12)
Q3. Discuss TWO grounds of review upon which Cirene can challenge the decision. (12)
Q4. The People's Party (PP), one of the political parties competing in the planned elections, wants to challenge the registration on the six (6) non-qualifying nationals. Will the PP have standing to challenge Dantago's decision to register the six non-qualifying nationals? (10)
Q5. Advise Dingara, Cirene, and the People's Party on the remedies most suitable for their respective situations.