South West Africa was a territory under South African administration from 1915 to 1990. Renamed Namibia by the United Nations in 1968, once the country became independent the name was formally adopted on 21 March 1990.
South West Africa bordered Angola (a Portuguese colony before 1975), Botswana (Bechuanaland before 1966), South Africa, and Zambia (Northern Rhodesia before 1964). During its administration, South Africa applied its own apartheid system in the territory of South West Africa.
A German colony known as German South West Africa from 1884 to 1915, it was made a League of Nations mandate of the Union of South Africa following Germany's defeat in the First World War. Although the mandate was repealed by the United Nations on 27 October 1966, South African control over the territory continued. The territory was administered directly by the South African government from 1915 to 1978, when the Turnhalle Constitutional Conference laid the groundwork for semi-autonomous rule. During an interim period between 1978 and 1985, South Africa gradually granted South West Africa a limited form of home rule, culminating in the formation of a Transitional Government of National Unity.
German colony
As a German colony from 1884, it was known as German South West Africa (Deutsch-Südwestafrika). Germany had a difficult time administering the territory, which experienced many insurrections against the harsh German rule, especially those led by guerrilla leader Jacob Morenga. The main port, Walvis Bay, and the Penguin Islands were annexed by the UK in 1878, becoming part of the Cape Colony in 1884. Following the creation of the Union of South Africa in 1910, Walvis Bay became part of the Cape Province.Debates of Parliament , Hansard, Volume 9, Issues 19–21, Government Printer, 1993, page 10179
As part of the Heligoland–Zanzibar Treaty in 1890, a corridor of land taken from the northern border of Bechuanaland, extending as far as the Zambezi River, was added to the colony. It was named the Caprivi Strip (Caprivizipfel) after the German Chancellor Leo von Caprivi.Caprivi Strip | Namibia . Namibian.org. Retrieved on 2012-12-18.
South African rule
In 1915, during the South West Africa campaign of World War I, South Africa captured the German colony. After the war, it was declared a League of Nations Class C Mandate territory under the Treaty of Versailles, with the Union of South Africa responsible for the administration of South West Africa. From 1922, this included Walvis Bay, which, under the South West Africa Affairs Act, was governed as if it were part of the mandated territory.Ieuan Griffiths,Walvis Bay: exclave no more Geography, Vol. 79, No. 4 (October 1994), page 354 South West Africa remained a League of Nations Mandate until World War II and the collapse of the League of Nations.
The Mandate was supposed to become a United Nations Trust Territory when League of Nations Mandates were transferred to the United Nations following World War II. The Prime Minister, Jan Smuts, objected to South West Africa coming under UN control and refused to allow the territory's transition to independence, instead seeking to make it South Africa's fifth province in 1946.John Dugard, The South West Africa/Namibia Dispute: Documents and Scholarly Writings on the Controversy Between South Africa and the United Nations, University of California Press, 1973, page 124
In 1949, the South West Africa Affairs Act was amended to give representation in the Parliament of South Africa to whites in South West Africa, which gave them six seats in the House of Assembly and four in the Senate.Argument and Change in World Politics: Ethics, Decolonization, and Humanitarian Intervention, Neta Crawford Cambridge University Press, 2002, page 334
This was to the advantage of the National Party, which enjoyed strong support from the predominantly Afrikaner and ethnic German white population in the territory.Newell M. Stultz, Afrikaner Politics in South Africa, 1934–1948, University of California Press, 1974, page 161 These actions by the South African government were challenged at the UN, by priest Michael Scott, on behalf of South West African people. Between 1950 and 1977, all of South West Africa's parliamentary seats were held by the National Party.Vivienne Jabri, Mediating Conflict: Decision-making and Western Intervention in Namibia], Manchester University Press, 1990, page 46
An additional consequence of this was the extension of apartheid legislation to the territory. This gave rise to several rulings at the International Court of Justice, which in 1950 ruled that South Africa was not obliged to convert South West Africa into a UN trust territory, but was still bound by the League of Nations Mandate, with the United Nations General Assembly assuming the supervisory role. The ICJ also clarified that the General Assembly was empowered to receive petitions from the inhabitants of South West Africa and to call for reports from the mandatory nation, South Africa. The General Assembly constituted the Committee on South West Africa to perform the supervisory functions.
In another advisory opinion issued in 1955, the Court further ruled that the General Assembly was not required to follow League of Nations voting procedures in determining questions concerning South West Africa. In 1956, the Court further ruled that the committee had the power to grant hearings to petitioners from the mandated territory. In 1960, Ethiopia and Liberia filed a case in the International Court of Justice against South Africa alleging that South Africa had not fulfilled its mandatory duties. This case did not succeed, with the Court ruling in 1966 that they were not the proper parties to bring the case.
Mandate terminated
There was a protracted struggle between South Africa and forces fighting for independence, particularly after the formation of the South West Africa People's Organisation (SWAPO) in 1960.
On 27 October 1966, the General Assembly passed resolution 2145 (XXI) which declared the Mandate terminated and that the Republic of South Africa had no further right to administer South West Africa.UN General Assembly, res n° 2154 (XXI), 17 November 1966. Available at http://www.un.org/documents/ga/res/21/ares21.htm [recovered October 1, 2015] South African control over the territory nevertheless continued despite its illegality under international law. In 1971, acting on a request for an Advisory Opinion from the United Nations Security Council, the ICJ ruled that the continued presence of South Africa in Namibia was illegal and that South Africa was under an obligation to withdraw from Namibia immediately. It also ruled that all member states of the United Nations were under an obligation not to recognise as valid any act performed by South Africa on behalf of Namibia.
South West Africa became known as Namibia by the UN when the General Assembly changed the territory's name by Resolution 2372 (XXII) of 12 June 1968.Legal Repertory of Practice of United Nations Organs SWAPO was recognised as representative of the Namibian people, and gained UN observer statusUNGA Resolution A/RES/31/152 Observer status for the South West Africa People's Organisation when the territory of South West Africa was already removed from the list of non-self-governing territories.
In 1977, South Africa transferred control of Walvis Bay back to the Cape Province, thereby making it an exclave.The Green and the dry wood: The Roman Catholic Church (Vicariate of Windhoek) and the Namibian socio-political situation, 1971–1981, Oblates of Mary Immaculate, 1983, page 6
Bantustans (1968–1980)
The South African authorities established 10 bantustans in South West Africa in the late 1960s and early 1970s in accordance with the Odendaal Commission, three of which were granted self-rule. These bantustans were replaced with separate ethnicity-based second-tier representative authorities in 1980.
BantustanCapitalMost represented tribeLegislative Council establishedSelf-governmentRepresentative Authority yearsOndanguaOvambo196819731980Representative Authority of the Ovambos Proclamation, 1980 (Proclamation AG. 23 of 1980)–1989 (1990)RunduKavango197019731980Representative Authority of the Kavangos Proclamation, 1980 (Proclamation AG. 26 of 1980)–1989 (1990)Renamed "Lozi" in 1975. Katima MuliloLozi197219761980Representative Authority of the Caprivians Proclamation, 1980 (Proclamation AG. 29 of 1980)–1989 (1990) NamalandKeetmanshoopNama1976—1980Representative Authority of the Namas Proclamation, 1980 (Proclamation AG. 35 of 1980)–1989 (1990)RehobothBasterAn elected Advisory Council for the Rehoboth Basters had already existed since 1928: 1977Rehoboth Self-Government Act, 1976 (Act No. 56 of 1976), —Self-government in terms of the pre-1980 homelands system was provided for in the Rehoboth Self-Government Act, 1976 (Act No. 56 of 1976), but was only partially implemented before 1980. A "Kaptein's Council" as the executive and a Legislative Council were established in 1977.1980The institutional framework established according to the Rehoboth Self-Government Act, 1976 (Act No. 56 of 1976)—a "Kaptein's Council" as the executive and a Legislative Council—remained in force as amended in 1980 and served as the basis of the Rehoboth Representative Authority–1989 (1990)On 20 March 1990, one day before Namibia finally became independent on 21 March, Rehoboth unilaterally declared its independence from Namibia: WelwitschiaDamara1977An Advisory Council had been in existence since 1970: The Damara council established in 1977 was the first institution to receive the title "Representative Authority", already before this designation was introduced in 1980 under the new ethnic second-tier government system also for the other population groups: —1980Representative Authority of the Damaras Proclamation, 1980 (Proclamation AG. 32 of 1980)–1989 (1990)OkakararaHerero—Because of internal strife among different Herero groups, no unified institutions were established for the Herero people before 1980. Two districts of Hereroland (West and East) were formed in 1970. The chief of Hereroland West, Clemens Kapuuo, claimed to be the paramount chief of all Hereros since 1970, but this claim was not recognized by the other Herero groups: , —1980Representative Authority of the Hereros Proclamation, 1980 (Proclamation AG. 50 of 1980)–1989 (1990) TswanalandAminuisTswana——1980Representative Authority of the Tswanas Proclamation, 1980 (Proclamation AG. 47 of 1980)–1989 (1990)TsumkweSan———"The Bushmen were excluded because they had evinced no interest in having a governing authority." OhopohoHimba———Kaokoland was very scarcely populated and greatly affected by the struggle for independence of Namibia, and most specifically by the so-called "bush war" that was fought across the border with Angola. No unified institutions were established in Kaokoland either before or after 1980.
Three-tier system of governance (1980–1989)
The South African government convened the Turnhalle Constitutional Conference between 1976 and 1978 with a view to achieving an "internal" solution to the status of South West Africa. The conference was attended by representatives of 11 ethnic groups: Herero, Baster, Tswana, Damara, Ovambo, Lozi, Nama, Kavango, San, the Coloureds, and the Whites. However, the largest freedom movement, SWAPO, was not invited. The conference produced a 29-page document entitled "Petition for the establishment of an interim government". The petition contained a request to set up an interim government for the territory, as well as a draft constitution for "a republican, democratic state" to be known as "South West Africa/Namibia" with its own flag and national anthem.