botswana/namibia - Cour international de Justice
botswana/namibia - Cour international de Justice
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