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botswana/namibia - Cour international de Justice

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1984) to a <strong>de</strong>cisive resolution of the issue concerning the i<strong>de</strong>ntification of the 'main channel'.<br />

Thus, in the Minutes prepared by Botswana, the key passage reads:<br />

"10. Mr. Maré from the chair proposed that the boundary at Sidudu/Kasikili be examined by<br />

an ad hoc committee, and recommen<strong>de</strong>d that this work be exten<strong>de</strong>d to inclu<strong>de</strong> the whole<br />

boundary with the cooperation of the two Survey Organisations. This suggestion was<br />

discussed.<br />

Mr. Mokama stressed the need for urgency on the Sidudu/Kasikili Island section.<br />

Mr. Fitschen commented on the costs of such a survey.<br />

Mr. Mokama was concerned about his Government's reaction to the involvement of the<br />

Armed forces at present in the area.<br />

Brigadier Klopper wanted the Sidudu/Kasikilu Island problem sorted out now.<br />

Mr. Steward suggested that Mr. Rautenbach's proposal (9) be expan<strong>de</strong>d.<br />

From the chair Mr. Maré agreed that the term 'urgent' be ad<strong>de</strong>d for the Sidudu/Kasikili Island<br />

section." (Botswana Memorial, Annex 44, p.371)<br />

85. Mr. Maré represented the South African Department of Foreign Affairs.<br />

86. The South African Minutes contain the following passage:<br />

"The Meeting agrees that a joint survey should take place as a matter of urgency to <strong>de</strong>termine<br />

whether the main Channel of the Chobe River is located to the north or the south of the<br />

Sidudu/Kasikili Island. Officials of the Botswana Department of Surveys and Lands and the<br />

South African Directorate of Surveys and Mapping will proceed with arrangements for the<br />

survey as soon as practicable." (Botswana Memorial, Annex 46, p.378).<br />

87. In all the circumstances it was natural that Botswana should regard the outcome of the<br />

Pretoria Agreement as conclusive, and it was in this context that the Government of Botswana<br />

informed the South African Department of External Affairs that it was exercising its<br />

sovereignty over the island (above, para.75).<br />

(H) The Implementation of the Intergovernmental Agreement of 1984 and the Joint<br />

Survey Report of 1985<br />

88. In its telex dated 22 October 1986 to the South African Government, the Government of<br />

Botswana stated that it had 'occupied Sidudu/Kasikili Island' and that it expected the<br />

Government of South Africa 'to respect the territorial sovereignty and territorial integrity of<br />

the Republic of Botswana in respect of the Island.' (see above, paragraph 75).<br />

89. The telex of 22 October 1986 was the sequel to the discussions between Foreign Affairs<br />

officials of the two States held on 13 October 1986 in Gaborone. During those discussions the<br />

Government of Botswana indicated that the Joint Survey Report had confirmed the title of<br />

Botswana in respect of the Island. In face of South African prevarication Botswana <strong>de</strong>ci<strong>de</strong>d to

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