The whereabouts of one of the men who picked up the two control units of the missing electronic voting machines last year in December 2019 are not known, according to an affidavit that was deposed as part of the electoral challenge to be heard on Friday.
The affidavits are punic documents that are readily available at the court.
The Supreme Court electoral challenge was launched by several opposition parties and the independent presidential candidate Dr Panduleni Itula. They are disputing the results announced by the ECN last year.
Four EVMs went missing in 2017 and the issue has been hotly contested in the run-up to the 2019 elections leading to cases – one at the tribunal court and the other one at the electoral court – where Dr Itula argued against their use.
Helvi Nghiwete, who deposed the affidavit dated 17 December 2019, says she was present when the police picked up Simson Shiwayu from his home.
The affidavit does not say whether Shiwayu is with the police or he has gone into hiding. Nghiwete, however, said in the affidavit that Shimayu is not in a position to depose of an affidavit.
Nghiwete refused to talk to Eagle FM Tuesday about the affidavit and Shimayu, saying Eagle FM should ask the police where Shiwayu.
According to Nghiwete’s affidavit, Shiwayu and his unnamed co-driver picked up the two control units were found around the Brakwater area on 12 December 2019.
“I shall explain in what follows my reliance on the information imparted to me by Mr Simson Shiwayu on more than three occasions and I have no reason to believe that he would tell a lie.
“In doing so, I shall demonstrate that he is not in a position to depose to an affidavit himself,” Nghiwete said.
Nghiwete said she was one of the people who visited their cousin Olivia Kalwenya’s home where they met Shiwayu on 15 December 2019.
Nghiwete said while they were at the house, Shiwayu received multiple calls on his phone.
“I was present when Shiwayu received these calls. He did not, however, answer his phone. Thereupon he received a message to his phone allegedly from the police. The message informed him Mr Shiwayu that if he continued refusing to answer the calls, they would be coming to fetch him,” Nghiwete said in his deposition.
According to Nghiwete, Shiwayu informed them that the police was looking for him because had picked up two EVMs on the other side of Brakwater in Windhoek. Shiwayu, Nghiwete said, also told them that he had returned the EVMs on or about 12 December 2019.
The affidavit further said that Shiwayu was accordingly perturbed that the police was suddenly looking for him.
“Mr Shiwayu was visibly perturbed,” Nghiwete stated in the affidavit.
When Shwayu answered the phone, according to Nghiwete, he told them that the police were coming to pick him up. The affidavit further said that a Ford Ranger number N97941W with came to pick him up.
“I decided to drive with Shiwayu in his car. However, before we could depart, the police officer informed Mr Shiwayu that I should stay behind.
“Mr Shiwayu then asked me to take a video of him departing with the police, in case, he does not return. I took a cell phone video of the aforesaid police vehicle for purposes of seeking to ensure Mr Shiwayu’s safety.
“While he was still with the police, Mr Shiwayu called on one of my cousin’s phone. He asked to be provided with my name and number because the police needed it. I spoke to Mr Shiwayu asking why he needed my details.
“I have subsequently established from communication with him that Mr Shiwayu was taken to a place opposite the Old State House. I established further that he was taken to the Office of the Special Branch of the Namibian police.”
Police deputy commissioner Kauna Shikwambi asked for emailed questions, which she said she sent to the relevant department.