1. Whether the Election Application was properly and timeously “… presented as contemplated in the Act; 2. If not, whether the presentation thereof, after 15h00, resulted in a … nullity, unless appellant could show circumstances” and “exceptional whether they have shown circumstances” on admissible “exceptional evidence; 3. If not, whether the Court could have condoned the presentation of … the Election Application after the hours as contemplated in Rule 3 of the Rules of the High Court; and 4. If so, whether the Court a quo, should have granted such … condonation. 5. In the that the Supreme Court finds that the Election … Application should not have been struck – 5.1 whether the Supreme Court should remit the matter to the … High Court to decide the balance of the issues, already argued before the High Court; or 5.2 whether the Supreme should entertain argument both … on the application to strike out certain affidavits or portions thereof, as well as argument on the merits of the application.” These, then, set the lines of contention at the hearing of the appeal. The merits of the election application and the other preliminary
“… 1. Whether the Election Application was properly and timeously presented as contemplated in the Act; … 2. If not, whether the presentation thereof, after 15h00, resulted in a nullity, unless appellant could show “exceptional circumstances” and whether they have shown “exceptional circumstances” on admissible evidence; … 3. If not, whether the Court could have condoned the presentation of the Election Application after the hours as contemplated in Rule 3 of the Rules of the High Court; and … 4. If so, whether the Court a quo, should have granted such condonation. … 5. In the that the Supreme Court finds that the Election Application should not have been struck – … 5.1 whether the Supreme Court should remit the matter to the High Court to decide the balance of the issues, already argued before the High Court; or … 5.2 whether the Supreme should entertain argument both on the application to strike out certain affidavits or portions thereof, as well as argument on the merits of the application.” These, then, set the lines of contention at the hearing of the appeal. The merits of the election application and the other preliminary
Rally%20for%20Democracy%20and%20Progress%20v%20Electoral%20Commission%20of%20Namibia(SA%206-2010)[2010](6%20September%202010).docx