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botswana/namibia - Cour international de Justice

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Bechuanaland authorities to its enquiries, see below, and the active correspon<strong>de</strong>nce taking<br />

place between London and Pretoria following the Trollope/Redman Report of 1948. The only<br />

other construction must be that a <strong>de</strong>liberate <strong>de</strong>cision was taken to advance the South African<br />

claim on behalf of South West Africa, which was un<strong>de</strong>r discussion, by the placement of the<br />

boundary in the southern channel.<br />

G40 - Extract from Joint Operations Graphic Ground Map. Sestetic, Zambia, SW Africa,<br />

Botswana, S. Rho<strong>de</strong>sia, 1:250,000, 1966, (Botswana Supplementary Atlas, Map 9) annotated<br />

in red to show limits of Chobe National Park<br />

603. The Namibian Memorial places great reliance on this map and states:<br />

"The map has a special significance by reason of the publicity that was given to it and the<br />

evi<strong>de</strong>nce that it was carefully consi<strong>de</strong>red by the Bechuanaland authorities while still in draft<br />

form". (para. 314)<br />

The paragraph then refers to a request from the South African Survey Directorate to "examine<br />

the prints carefully...and supply as much information as possible by way of criticisms,<br />

corrections and additions" (Namibian Memorial, Annex 106). Although the reply from the<br />

Bechuanaland authorities has not been traced, Namibia conclu<strong>de</strong>s by reason of amendments<br />

ma<strong>de</strong> to the map in the Chobe locality that such a reply was received.<br />

604. In the light of further correspon<strong>de</strong>nce which has come to hand from South African<br />

archives, Botswana is now in a position to produce to the <strong>Cour</strong>t the actual exchanges relating<br />

to the treatment of <strong>international</strong> boundaries on the 1949 Map.<br />

605. On 6 February 1945, the Deputy Chief of Staff, of the Survey Directorate, Pretoria wrote<br />

to the High Commissioner, Bechuanaland Protectorate in the following terms:-<br />

"1. As you are perhaps aware, maps at 1/250,000 of the Caprivi Strip are at present being<br />

prepared by the Director of Military Survey from an aerial survey recently carried out and<br />

using, in addition, all available data of the surrounding terrain.<br />

2. Reliable information is now required regarding the southern boundary of the Caprivi Strip,<br />

i.e., the boundary between the Strip and Bechuanaland.<br />

3. Will you please advice me whether you have any plans, Boundary Commission Reports or<br />

Agreements, or any other documents bearing on the matter and which would assist in the<br />

proper <strong>de</strong>lineation of the boundary on the maps now being compiled.<br />

4. If you have any such plans, reports, etc, would you kindly forward a copy of each to this<br />

office for use in the a/m compilation". (Botswana Counter-Memorial, Annex 17)<br />

606 The High Commissioner directed the Resi<strong>de</strong>nt Commissioner to send any information<br />

direct to the Survey Directorate, letter of 13 February 1945 (Annex 17), and on 6 March 1945<br />

the Government Secretary replied to the Survey Directorate as follows:-<br />

"2. There is no official map showing the boundary, but it was agreed that the southern<br />

boundary of the Caprivi Strip eastward of a point 20 miles due south of Andara would follow

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