The High Court has postponed to November a lawsuit, led by opposition politician Bernadus Swartbooi and traditional representatives of the Herero and Nama communities, challenging the legality of the 1904–1908 genocide joint declaration between the Namibian government and Germany.

This case involves multiple applicants, including Bernadus Swartbooi, Herero, and Nama traditional authorities, against the speaker of the National Assembly, the National Assembly, the President, the Cabinet, and the Attorney-General.

It revolves around the validity of a joint declaration related to the colonial-era genocide of the Herero and Nama people.

The Joint Declaration, which remains unsigned by Namibia, has been on the table since 2021.

It represents an agreement between Germany and Namibia, acknowledging Germany's colonial-era genocide against the Herero and Nama people between 1904 and 1908 in what was then German Southwest Africa, now Namibia.

The agreement includes an official apology in which Germany offers its first official apology for the genocide, acknowledging the atrocities committed during that period.

It also includes a financial commitment wherein Germany commits to financing development projects in the Herero and Nama territories with €1.1 billion over a span of 30 years.

The lawsuit challenges the Joint Declaration on several grounds and references a resolution passed by the Namibian parliament in 2006 that called for direct negotiations between the descendants of the victims and Germany for compensation. 

The plaintiffs argue that the joint declaration with Germany violates this resolution by seeking bilateral aid instead of direct reparations.

The applicants also argue that the parliamentary speaker acted illegally when he halted debate over the agreement. 

Additionally, it questions whether the agreement to settle financial aspects of the colonial period in Namibia in development aid is legal, especially without sufficient parliamentary review and approval.

The legal challenge brings to the fore questions of historical justice, reparations, and the legal processing of colonial crimes. 

It also complicates the reconciliation efforts between Germany and Namibia, impacting the course of the Joint Declaration.

The postponement and the upcoming status reports indicate that the legal battle will unfold further in the coming months.