botswana/namibia - Cour international de Justice

the herds have taken to crossing onto Sedudu Island to feed during the winter months. These
buffalo cross the Southern Channel with ease.'
66. The Affidavit of Michael Slogrove is of particular significance. His tenure as Senior
Game Warden overlapped with an increase in incidents involving armed poachers. In his
opinion the Island formed part of the Chobe National Park. As he observes in his Affidavit:
'I had at all times regarded Sedudu Island as part of the Chobe National Park, and indeed I did
confirm with the first President of the Republic of Botswana, Sir Seretse Khama, that the
Island was part of the Park. This was during a visit to Kasane by the late President in 1972.'
67. Mr Slogrove describes an episode in 1976 in which he and some assistants confronted two
armed poachers on the Island. He also describes the erection of a buoy in the middle of the
river, with a signpost to the effect that river traffic was entering Chobe National Park and that
permits were required.
68. It is clear from the evidence of these officials that no cultivation took place on the Island
in the period 1961 to 1979.
69. Two other sources of evidence confirm the absence of agricultural activities on the Island
in this period. In the first place, the Honourable Chief Moraliswani had confirmed, in his
evidence to the JTTE that the people of Kasika ceased cultivation on the Island in 1937:
Namibian Memorial, Vol. III, Annex 2, p.209. Secondly, the aerial photographs taken in 1943
(at page 27), 1962, May 1972, November 1972, 1981 and 1985, show no signs of settlement
or other human activity (see the Attachment to this Counter-Memorial).
(iv) The Hypothesis of Discussions in 1974-5
70. An internal South African Defence Force memorandum (dated 27 November 1984)
contains the following passage:
"6. Kindly note that, already in 1974/75 discussions took place between the RSA and
Botswana regarding Sidudu/Kasiua (sic) territory. It is reported that at the time, it was agreed
that Sidudu formed part of the Caprivi. Efforts to obtain the minutes of the discussions have
thus far been unsuccessful, and it seems unlikely that it would still be found." (Namibian
Memorial, Annex 84).
71. The Botswana Government has no record of such a meeting, and the South African
authorities admit that they have no record. The passage quoted above constitutes
unsubstantiated hearsay and Namibia's reliance upon it should be discounted: see the
Namibian Memorial, p.100, para. 248; p.115, para. 282.
(G) The Intergovernmental Agreement of 1984 and the Joint Survey Report of 1985
72. After an incident involving Botswana and South African Defence Forces in November
1984, the Governments of Botswana and South Africa agreed to constitute a team to carry out
a joint survey for the express purpose of determining whether the 'main channel' of the Chobe
River was located to the north or to the south of Kasikili/Sedudu Island: see the Botswana
Memorial, pages 75-85.