LPM accuses government of using taxpayers’ money to defend Germany in genocide case

The Landless People’s Movement (LPM) has accused the government of using taxpayers’ money to hire lawyers defending the Namibia-Germany genocide declaration, a claim officials have denied.

This follows LPM leader Bernardus Swartbooi’s court challenge against the joint genocide declaration between Namibia and Germany.

The party says the government is defending itself by using taxpayers’ funds.

Attorney general Festus Mbandeka yesterday, however, refuted these allegations.

“I am not aware of any member of the government team who is not Namibian or a German lawyer. The allegations are unfounded and merely appear to be politically motivated,” he said.

Mbandeka said the government’s legal team comprises Raymond Heathcote, Sackey Akweenda, Eliaser Nekwaya and Ruth Nghishekwa.

The LPM’s head of human rights and vice chairperson of the Ovaherero Genocide Foundation, Joyce Muzengua, yesterday said the government should have hired lawyers in defence of the affected communities and not in defence of Germany.

“If they are going to trivialise the pain of the affected communities for diplomatic ties so that advancement is mainly for the Swapo party and it has nothing to do with the contemporary diplomatic ties, it is quite painful,” she said.

“So you take this taxpayer money against these very same affected communities and you work against them,” she said.

Muzengua said the party will continue working on the case until the matter is resolved, adding that Germany will come to answer for the genocide.

In yesterday’s High Court hearing, Swartbooi, through his South African advocate Tshidiso Ramogale, said Germany should not enjoy immunity while the country committed atrocities against civilians.

He said the High Court must exercise jurisdiction over such acts committed by a foreign state and not grant immunity – especially in a genocide case.

TAXPAYER FUNDS

LPM lawmaker Utaara Mootu yesterday in the National Assembly demanded that speaker Saara Kuugongelwa-Amadhila explain how a budget was approved to fund Namibian lawyers defending the joint declaration with Germany on genocide.

“This is taxpayers’ money which was supposed to be used for other development and not to oppress its people,” she said.

Mootu said the government cannot use taxpayers’ money to fund lawyers or to argue on behalf of Germany against Namibian people in a Namibian court.

The LPM in 2023, along with the Ovaherero Traditional Authority and the Nama Traditional Leaders Association as applicants, filed a case contesting the joint declaration between Germany and Namibia.

“The government’s response to the submitted application is notably vexing.

While it did not oppose the joining of the German state, it opted to incur significant costs to Namibian taxpayers by employing advocate Raymond Heathcote to assert the argument that the court lacks jurisdiction over Germany,” LPM operative secretary Dawid Eigub said.

He said the application intends to have Germany answer for the crimes committed on contemporary Namibian ground.

Despite clear calls for reparations from the victims, Eigub said the government persists in maintaining diplomatic ties with Germany, which seems to prioritise aid over accountability, resulting in “corruption” that has failed to provide tangible benefits for the genocide victims.

Mbandeka yesterday said the government is not defending Germany or the genocide, but is merely assisting the court by setting out the applicable legal principles under Namibian and customary international law.

“The state is not defending the current stage of the proceedings. The state only responded to the preliminary question on whether the High Court has jurisdiction over Germany as a sovereign state, as stated in the court documents.

“Today, the government respondents made submissions to assist the court in its interrogation on the issue of jurisdiction, as requested by the court,” he said.

Mbandeka said the court’s request is normal practice in litigation.

The government’s submissions, Mbandeka said, focused on important legal considerations in the Namibian Constitution, legislation and customary international law, which the court must consider in determining whether or not the applicants may indeed serve legal documents in Germany.

In an age of information overload, Sunrise is The Namibian’s morning briefing, delivered at 6h00 from Monday to Friday. It offers a curated rundown of the most important stories from the past 24 hours – occasionally with a light, witty touch. It’s an essential way to stay informed. Subscribe and join our newsletter community.