Staff Reporter<\/p>\n\n\n\n
A COALITION of traditional authorities, as well a political party are seeking to bring the German government to stand trial in the Namibian courts for the Ovaherero Nama Genocide of 1904\u201308, in which the parties seek to have the Joint Declaration by the Namibian and German governments set aside and for the declaration of genocide and payment of reparations to the affected communities.<\/p>\n\n\n\n
The applicants in the matter include Bernadus Swartbooi, leader of the Landless People\u2019s Movement (LPM) political party, several Nama traditional authorities, as well as a faction the Ovaherero Traditional Authority, whilst respondents currently include the National Assembly, the president, cabinet, and the attorney general.<\/p>\n\n\n\n
The parties in the interlocutory application seek to have the German government joined in the main application to set aside the Joint Declaration, which proposes a \u20ac1.1 billion payment (approximately N$18 billion) over 30 years, despite the affected Namibian communities demanding N$1.1 trillion.<\/p>\n\n\n\n
The application also seeks to join other traditional authorities as well as the Council for Traditional Leaders.<\/p>\n\n\n\n
Arguing on behalf of Swartbooi, 10 Nama traditional authorities and the Ovaherero Traditional Authority, Senior Counsel Tembeka Ngcukaitobi argued that the joinder of other traditional authorities and the Council of Traditional Leaders rests on uncontroversial ground, as they were participants in, or beneficiaries of, the Joint Declaration challenged in the review.<\/p>\n\n\n\n
\u201cThey, therefore, have a direct and substantial interest in the outcome of these proceedings. Their joinder is required to ensure that all interested parties are before the court and that the relief sought in the review can be granted without risk of prejudice to absent parties,\u201d Ngcukaitobi said.<\/p>\n\n\n\n
The lawyer further quoted the UN Convention on Genocide, which outlines that \u201cPersons charged with genocide \u2026 shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction \u2026\u201d<\/p>\n\n\n\n
\u201cRead together, these provisions do two things: they strip away any protection based on official capacity, and they confer jurisdiction on the courts of the State where the genocide occurred. The combined effect is clear: under the law as it stands today, there is no room for a claim to State Immunity in respect of genocide committed on the territory of the forum State,\u201d Ngcukaitobi said.<\/p>\n\n\n\n
The lawyer further argued that Germany has, by its conduct, impliedly submitted to the jurisdiction of Namibian courts.<\/p>\n\n\n\n
\u201cIt has voluntarily and actively participated in the political and legal processes that give rise to this dispute \u2014 including through the negotiations culminating in the Joint Declaration, and through its continued engagement with Namibia after the commencement of these proceedings.<\/p>\n\n\n\n
Because Germany is the State that committed these acts, and has since actively engaged in negotiations to address its colonial past (culminating in the Joint Declaration), it has a direct and substantial interest in these proceedings. If the Joint Declaration is to be set aside, Germany \u2014 as a party to that agreement \u2014 must be joined. No order purporting to invalidate or affect a bilateral agreement can properly be made in the absence of one of its signatories,\u201d Ngcukaitobi said.<\/p>\n\n\n\n
Political analysts in the past have, however, argued that the chances of Germany standing trial in Namibian courts are very slim, as Germany is a sovereign state which enjoys sovereign immunity and may not be subject to the jurisdiction of Namibian courts. The Namibian government has, however, not opposed the application to have Germany join the application to set aside the Joint Declaration.<\/p>\n\n\n\n
Photo: Contributed<\/p>\n\n\n\n
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Staff Reporter A COALITION of traditional authorities, as well a political party are seeking to bring the German government to stand trial in the Namibian courts for the Ovaherero Nama Genocide of 1904\u201308, in which the parties seek to have the Joint Declaration by the Namibian and German governments set aside and for the declaration …<\/p>\n","protected":false},"author":10,"featured_media":382975,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-382974","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news"],"yoast_head":"\n