botswana/namibia - Cour international de Justice

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.
3. It was further agreed that west of the point 20 miles due south of Andara the boundary
should follow a parallel of latitude to the 21st meridian of East longitude.
4. Complete information on this subject can be furnished by the Department of External
Affairs of your Government."
607. The above notification is highly significant and supports the following conclusions:-
(a) As at 6 March 1945 the British authorities in Bechuanaland were of the view that there
was no official map showing the southern boundary of the Caprivi Strip. This in effect
disposes of all Namibia's arguments relating to earlier maps as evidence of the location of the
boundary as provided in the 1890 Anglo-German Agreement. In particular it disposes of any
question of the relevance of the Seiner map of 1909 and the British 1933 map.
608. (b) Enquiry relating to the international boundary of the Caprivi Strip was directed
separately and to the High Commissioner, indicating that only the highest level of authority
had competence to deal with such inter-state matters and that the need for high level
consultation was recognised by both the South African and the British governments. It is
noteworthy that the matters referred to in paragraphs 3 and 4 of the above letter were agreed
by the Minister of External Affairs, South Africa, and by the Prime Minister in the United
Kingdom.
609. (c) The sole information relating to the southern boundary communicated by the
Bechuanaland authorities related to the line east and west of Andara, in respect of which there
had been an exchange of correspondence between the South African and British Governments
in London in the period 1931 to 1932 agreeing to the direction of that line (see Chapter 1).
There was no exchange relating to the eastern sectors, the boundary following the River as
stipulated in the Anglo-German Agreement of 1890.
610. (d) The dispute relating to the Island had surfaced before the map was checked for
accuracy and published. Information on any other aspect of the boundary along the Chobe
River was referred back to the Ministry of External Affairs. Prior to the publication of the
South African Map in 1949, the Ministry of External Affairs had notice of the
Trollope/Redman Report dated 19 January 1948, and at the date of its publication was
engaged in correspondence relating to the boundary in Eastern Caprivi with the High
Commissioner for Bechuanaland and the Commonwealth Relations Office.
611. All the above considerations point to the self-serving nature of the 1949 Map. No
authorization or approval whatsoever had been given by the Bechuanaland High
Commissioner to the representation of the boundary in the southern channel. At the time of its
publication exchanges were taking place about the proper location of the boundary around
Kasikili/Sedudu Island.
612. Namibia states that the map was reissued in 1967 and that a further version of the map
appeared in 1982 and comments that neither elicited a protest from Botswana (Namibia
Memorial, p.129, para. 316).