The High Court will, on October 12, 2024, continue to hear arguments, in the case of Bernadus Swartbooi against the Speaker of the National Assembly.
Swartbooi is challenging the legality of the 2021 Joint Declaration between Namibia and Germany.
The declaration addresses the historical genocide of the OvaHerero and Nama people by German colonial forces from 1904 to 1908.
Swartbooi filed the application in his personal capacity, as well as in his role as LPM leader and a descendant of the affected communities.
In his affidavit, Swartbooi contends that the Joint Declaration violates the Namibian Constitution and disregards the 2006 parliamentary motion on genocide.
He argues that the agreement, which proposes a development fund instead of reparations, was reached without proper consultation with descendants of the genocide victims or the Namibian public.
Swartbooi further claims that the Speaker of the National Assembly's decision to note the Joint Declaration under Rule 124 was beyond the Speaker's legal authority.
He asserts that the agreement does not hold binding legal status and was incorrectly classified as a declaration, which is typically non-binding unless explicitly intended to create legal obligations.
In the meantime, swartbooi brought an interim application inviting the court to compel the government to disclose documents, which he claims are essential for assessing the legality and constitutionality of the Joint Declaration on genocide reparations.
He argues that the document is unlawful and that the process by which it was concluded violated the Namibian Constitution, as it was not properly ratified by the National Assembly.
In their answering, however, the respondents, represented by Penda Andreas Naanda, the Executive Director of the Ministry of International Relations and Cooperation, argued that several of the requested documents could not be produced.
Naanda emphasized that certain documents were still in draft form or protected by attorney-client privilege, particularly those related to the Joint Declaration between Namibia and Germany.
Naanda, in his affidavit argues that the government has acted within the legal framework and that the disclosure of draft documents would undermine ongoing diplomatic negotiations.