Formalisation of Orange River border still looming

Renthia Kaimbi

Nearly two years after a technical committee reached an agreement, the formalisation of the long-disputed Orange River border between Namibia and South Africa remains unresolved, with the matter still looming over bilateral relations.

The dispute, which has been ongoing since Namibia’s independence in 1990, boils down to a fundamental disagreement over where the international boundary lies along the Orange River, spanning roughly 600 kilometers of the shared border.

Pretoria’s claim relied on the colonial 1890 Helgoland-Zanzibar Treaty between Great Britain and Imperial Germany, which demarcated the boundary along the high-water mark of the northern bank of the river.

If strictly applied, this would put the entire width of the river under South African jurisdiction.

Namibia argued that international law and modern principles governing contiguous rivers favour a median line boundary, meaning the border should run right down the middle of the river, a position enshrined in its 1990 Constitution.

The mouth of the Orange River and its surrounding alluvial banks are known to be rich in high-quality diamonds and other minerals, while the lower Orange River basin is vital for irrigation.

Namibia relies on this water for major agricultural exports such as high-value table grapes, as well as for mining and domestic consumption.

In October 2024, Namibia and South Africa unanimously adopted a report guiding negotiations surrounding the Orange River Boundary, following a meeting of the Political, Diplomatic, and Legal Committee of the Namibia-South Africa Bi-National Commission.

During those discussions, committee members reviewed the comprehensive report presented by the Joint Committee of Experts, leading to its unanimous adoption. 

The then committee chairperson and minister of international relations, Peya Mushelenga, had expressed gratitude to the Joint Committee for their dedication and efforts in compiling the report, while emphasising the urgency of reaching a resolution.

“The discussions were conducted in a frank, open, and cordial manner guided by the principles of good neighbourliness, mutual respect, and trust,” Mushelenga previously stated.

“Allow me at this juncture to express my most sincere gratitude to the Joint Committee of Experts for not only submitting and presenting their report but also for their tireless efforts and dedication aimed at assisting the two countries to reach a conclusion on the matter of the Orange River Boundary, which has been the subject of negotiations between Namibia and South Africa since 1991.”

The outcome of the meeting was forwarded to the Heads of State of both nations for further consideration.

Despite the adoption of the report, the final settlement now depends entirely on political timing and executive sign-off.

When contacted for comment regarding the matter last week, press secretary in the presidency, Jonas Mbambo told the Windhoek Observer that the formalisation of the disputed boundary could be a topic of discussion at a bi-national commission meeting between Presidents Netumbo Nandi-Ndaitwah and Cyril Ramaphosa next month.

“On the Orange River issue, Namibia and RSA are scheduled to have a bi-national commission meeting in July this year,” said Mbambo.

“This is usually the platform where outstanding matters as well as new ideas and proposals to further strengthening of bilateral relations will be discussed.”

He referred further questions to the ministry of international relations and trade.

Ndiita Hipondoka-Robiati, the executive director in the ministry, had not responded to related inquiries by the time of publication.

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