Leader of the Landless People's Movement (LPM) Bernardus Swartbooi is challenging a joint declaration between Namibia and Germany concerning the 1904-1908 Ovaherero and Nama genocide.

Swartbooi's legal team, led by South African advocate Tshidiso Ramogale, argues that foreign states should not enjoy immunity when they commit atrocities against civilians. 

Ramogale told the High Court that Namibian courts must exercise jurisdiction over acts committed by foreign states and that Namibia cannot confer state immunity in such matters. 

He stressed that state immunity and diplomatic immunity are distinct and that the case focuses on holding a state accountable, not punishing individuals.

The court has been asked to join Germany as a respondent in the matter and to review the legality of the joint declaration signed between the two governments.

Ramogale argued that Namibia's rights and responsibilities as a state remain consistent regardless of office-holders and cited international precedence where states were held accountable in civil proceedings.

Representing the State, advocate Raymond Heathcote told the High Court that Swartbooi's application aims to set aside efforts to secure justice for genocide victims. 

Heathcote said the declaration has only been noted, not signed, and argued that the court cannot summon the German government, as it is a state and not a person capable of being joined in the proceedings. 

The matter was heard by a full bench led by Judge Hannelie Prinsloo that will deliver its ruling on November 18.