botswana/namibia - Cour international de Justice

589. This sketch map includes the information: 'being route traverses surveyed with prismatic
compass, and tacheometer (on wheel of travelling car) by land, and by boat and canoe by
water timed with a stop watch, by Captain A Stigand between February, 1910 and August
1922'. It is significant that Seiner's route of 1905 is but one of many others, (Schulz and
Hammar 1884, Reid 1899, A E Freeman 1922), which were referred to and incorporated into
the map, with entries referring to Streitwolf (1909) being the most prolific. The map ends at
its north eastern edge just after Kavimba on the Linyanti River and in this region no reference
to Seiner is entered. Rushworth's comment, (this 'influential map much quoted as a source')
(Namibian Memorial, Annex 102, p.42), confirms that it was Stigand's sketch map, and not
Seiner which was used by the British authorities. It was begun at the time when the Germans
were publishing their maps and includes a wealth of information on water resources, local
tribes, languages and place names.
590. Stigand's map is the map referred to in the exchange of correspondence in
February/March 1945 between the Deputy Chief of Staff, of the Survey Directorate, Pretoria
and the High Commissioner, Bechuanaland Protectorate (see Annex 17). The eastern edge of
this sheet is just to the west of Kasikili/Sedudu Island and thus makes quite clear the meaning
of paragraph 2 of the Government Secretary's reply to the Survey Directorate, Pretoria on 6
March 1945:-
" 2. There is no official map showing the boundary, but it was agreed that the southern
boundary of the Caprivi Strip eastward of a point 20 miles due south of Andara would follow
a line running parallel to the northern boundary and that the southern boundary is shown on
Captain Stigand's map, a copy of which is enclosed." (Botswana Counter-Memorial, Annex
17).
The 1933 Bechuanaland Protectorate 1,500,000,GSGS 3915 of 1933 (Botswana Atlas, Map
13)
591. No original survey or ground verification work was done for this 1933 map and a similar
1935 map, which was also produced by the Ordnance Survey. The boundary, described as
"clumsy" by Rushworth, is shown as an intercolonial, not as an international boundary.16 It
runs throughout along the south bank of the Chobe. This reflects standard practice in respect
of colonial boundaries along rivers which located the boundary line alongside the river bank
alternating from bank to bank at regular intervals of 10, 50, 100 miles according to the scale
of the map 17. A boundary so sited, as in this 1933 map, is clearly not located in accordance
with the terms of the 1890 Agreement and the placement of the island in South West Africa
territory is consequently meaningless.
[16 It is somewhat surprising in view of the later 1960 and 1965 Bechuanaland maps and the 1968 British maps
(discussed below), that the Joint Survey Team in 1985 placed any reliance on this 1933 map in determining the
boundary. Botswana Memorial, Annex 48, p.386.]
[17 The 1940 South West Africa 1:500,000 Map (Rushworth Report, serial 25, page 44) provides a further
example of perplexity on the part of the mapmaker as to where to place the boundary. Improving on the 1933
map, the boundary is placed along the river, but not at the Island, which is not named. A reasonable inference is
that the mapmaker did not know of the facts on the ground and wisely decided not to speculate where two
channels are shown. The labelling of Shokamontondo for Kasika suggests that some use of Von Frankenberg
may have been made.]
(vi) The British maps 1945 to the present day