The High Court will deliver its ruling on the 18th of November in the interlocutory matter in which Bernadus Swartbooi wants Germany to be joined to a case in which he seeks a declaration by Namibia and Germany to be nullified.

The full bench on Wednesday heard arguments in an interlocutory matter brought by the parliamentarian; he says the declaration between Namibia and Germany over the 1904-1908 genocide should be set aside.

Advocate Tembeka Ngcukaitobi, representing Swartbooi, told the Court that it must decide whether Germany should be part of the case. 

He said the application against Germany asks the court to declare that the atrocities committed during that period amounted to genocide and broke international law at the time.

Ngcukaitobi said Germany’s stance, as set out in the joint declaration, is that the killings would be considered genocide under today’s standards but not under the law as it existed then. 

He said this leaves two issues for the court: whether the acts amounted to genocide under the law of the time, and whether victims or their descendants are entitled to reparations.

But Advocate Raymond Heathcote countered this argument and maintained that there is no signed declaration.

He said the declaration must still be considered by the President and Parliament before it can be signed.

The court invited Swartbooi and the government’s legal teams to make further submissions before a ruling is made.