By: David Shoombe
Though some of Namibia’s most capable diplomats, such as the late Theo-Ben Gurirab, Hidipo Hamutenya, and Hage Geingob managed to find common ground with their counterparts from neighbouring nations, the developments around the Orange River remain a point of contention.
While said diplomats tactfully, strategically, and successfully renegotiated the return of Walvis Bay in 1994 and managed to amicably bury the hatchet with Botswana after losing the Kasikili/Sedudu Island case at the International Court of Justice in 1999, disputes over water governance between Namibia, South Africa, and Lesotho persist.
The media communication issued on 5 February 2026 by the Ministry of Agriculture, Fisheries, Water, and Land Reform regarding Namibia’s refusal to grant consent (‘no objection’ certificate) for the construction of Phase II of the Lesotho Highlands Water Project has added to the long-standing dispute between Namibia and South Africa over control of the Orange River.
The river is not only of economic and strategic importance, but it also holds a wealth of mineral deposits.
The Lesotho Highlands Water Project, established in 1986 between South Africa and the Kingdom of Lesotho to supply water to the Gauteng province and generate hydroelectric power, is viewed as disadvantageous to Namibia if it is expanded.
The Ministry noted that it would only allow the project to proceed to Phase II once outstanding concerns are resolved.
It stated that a “no objection will only be considered once these issues have been satisfactorily resolved and a firm commitment is provided by the Republic of South Africa concerning the joint development of the Noordoewer–Vioolsdrif Dam on the Lower Orange River, which is regarded as an essential mitigation measure.”
Namibia’s water governance is in relation with its southern neighbours through the Orange-Senqu River Commission (ORASECOM). This commision is responsible for managing shared water resources between South Africa, Botswana, Namibia, and Lesotho.
In 2024, Namibia hosted a high-level meeting of the Namibia-South Africa Bi-National Commission in Swakopmund from 14 to 15 October. The meeting considered the report of the Namibia-South Africa Joint Committee of Experts on the Orange River boundary. Political, diplomatic, and legal deliberations on the matter trace back to the Helgoland–Zanzibar Treaty of 1890.
As cited in Moses Kamundu’s 2011 LLB research thesis, “Namibia argues that the river boundary lies in the middle of the thalweg of the Orange River, while South Africa maintains that the boundary is on the Namibian bank at the high-water mark, based on the boundary delimitation between Germany and Britain under the Helgoland–Zanzibar Treaty of 1890.”
This also goes to show that agreements concluded more than a century ago by colonial powers continue to shape Namibia’s Orange River boundary today.
Moreover, after South Africa’s transition to democratic governance in 1994, the boundary issue was presented to the new government, which resolved to retain the existing boundary as defined by the Helgoland Treaty. Prior to 1990, South Africa had in fact claimed sovereignty over the entire river.
Speaking to The Villager, Sioni Iikela, Dean of the Faculty of Environmental Management and Sustainability Studies at the International University of Management (IUM), emphasised that strong water governance is paramount.
He noted that water governance involves managing and utilising water resources in a way that ensures no stakeholder feels deprived of this vital resource. Iikela observed that many conflicts, both between nations and within states, arise due to water scarcity and mismanagement.
Highlighting the importance of international conventions and legal frameworks governing water resources, Iikela stressed that the Namibian government should invest more in water resource management and environmental law courses.
Iikela pointed out that Namibia has a limited number of experts capable of handling complex disputes of this nature, adding the need for transparent data-sharing and enhanced cooperation in water utilisation among neighbouring countries.
Looking towards future solutions to water disputes, Iikela remarked that Namibia is fortunate to have a Prime Minister, Elijah Ngurare, who is trained in environmental law and holds advanced qualifications in water studies, positioning him as a valuable asset in resolving water disputes amicably.
