botswana/namibia - Cour international de Justice

515. Julius Mundia gave evidence to the effect that from 1951 to 1958 he knew of a Mr
Duncan Mlazie who had a ploughing field on Sedudu Island (ibid., page 54). The said Mr
Duncan Mlazie was a resident of Bechuanaland Protectorate as it then was.
516. At about the same time his father who was in Botswana had ploughing fields that he
cultivated on an island on the Namibian side of the border and it was common practice for
people from one side of the border to cross to the other side without going through
immigration formalities.
517. A certain Mr Situmbeko and other hunters used to hunt on the Island. They were hunting
on behalf of civil servants. These hunters were in Botswana (ibid., page 55).
518. The significance of this witness's testimony is that during the 1940's and 1950's it was
not uncommon for subsistence farmers from one side of the border to plough across the
border in another country. These activities cannot be held to be title generating.
519. Kgosi Lopang Kadimo, who was 72 years old in 1994, used to rest and graze the family
oxen on the Island on his way to Kazungula with his parents. The Greeks also grazed their
cattle there (ibid., page 67).
520. Mwampole Ndana, who was 70 years old in 1994, used to trek cattle to Livingstone.
These cattle belonged to a Greek family. These cattle were rested and grazed on the Island
(ibid., page 72). The cattle were being driven from Kachikau in Botswana to Livingstone in
Zambia. This was in 1941.
521. Keorapetse Mokhiwa, who was 70 years old in 1994, testified that he was employed to
trek cattle for the Suzman Brothers and later for the Greeks. They rested these cattle on
Kasikili/Sedudu Island (ibid., page 18).
522. The witness further testified to the presence of people referred to as Matoka on the
Island. They ploughed on the Island. This was before 1941 (ibid., page 81).
523. The witness used to graze cattle on one side of the Island whilst Matoka people ploughed
on the other (ibid., page 81).
Summary of Evidence of Botswana Witnesses
524. The sum total of the testimony of the witnesses called by the Botswana Government is
that Kasikili/Sedudu Island was used at one time or other by people on the Botswana side of
the border for both ploughing and grazing. These witnesses were clear as to the period
involved, unlike the Namibian witnesses who always pleaded lack of education whenever
they were pressed to be more specific in terms of time frames.
525. In addition to the evidence adduced during the hearings at Kasane, Botswana wishes to
refer to the affidavits of Michael Slogrove (Annex 52), Dominic Diau (Annex 48) and
Timothy Neville Liversedge (Annex 51) who were Game Wardens in Kasane for the period
between 1969 and 1979.
526. It is clear from these affidavits that Kasikili/Sedudu Island was considered as part of the
Chobe National Park. These witnesses patrolled the Island to guard against poachers. It is