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331. The Chobe is a perennial mature river with stable, non-erodible and readily discernible banks. In the vicinity of Kasikili/Sedudu Island both banks of the northern channel are readily discernible, at all seasons of the year, and in particular when the island is inundated in the wet season (paragraphs 365 to 367 below): see the aerial photographs May 1972 and May 1997, photographs taken in May and August 1997, and the satellite imageries of June 1975, March 1995 and June 1996. The aerial photography in the preparation of the South African JARIC map was used as the basis for the July 1977 image (at page 125). (See also para.69 of Professor Sefe's Second Opinion). (v) There is an absence of zones of sedimentation in the northern channel 332. The absence of zones of sedimentation and the absence of any evidence of erosion again support the stable profile of the northern channel as the main channel (paragraphs 368 to 375 below). 333. Sediment bars located at the bifurcation point in the northern and southern channel and on the right of the southern channel in the big meander loop are permanent features of a low energy river. They are relict bars of earlier downstream flowing channels, not active zones of sedimentation. The absence of any such bars in the northern channel indicates strength of flow (paragraphs 377 to 378 below). (vi) The Chobe is a river with continuous flow 334. Flow in a downstream direction through the northern and western channel is continuous with a constant level of 925.6 metres, South African Mean Sea Level,measured at the Kasane Gauging Station through all seasons of the year (paragraphs 378 to 381 below). (D) It is irrelevant to the determination of the northern channel as the main channel whether one or two channels exist in the Chobe River G15 - July 1997 image (The JARIC aerial photograph), Figure 13, Sefe, 2nd Opinion 335. Regardless of the existence of one or two channels, there can be no question that the northern channel is the sole, and hence the main, channel of the Chobe River. 336. In fact according to the German version of Article III of the Anglo-German Agreement of 1890 which refers to the Thalweg des Hauptlaufes, it is immaterial whether the river flows through a single or multiple channels because the application of the thalweg will always indicate a single channel. The Namibian Memorial is clearly very much aware that the determination of the thalweg will totally defeat its arguments in favour of the southern channel. Hence it exhorts the Court to search first for 'the Hauptlauf'3. [3. Namibia exhorts the Court as follows: "The main channel must be found first. The centre can necessarily only be found afterward. This point is equally pertinent, to the German translation of the formula ... in Thalweg des Haupt laufes ... In the same way as with the English text, the search must be for the 'Hauptlauf' and for the 'Thalweg' only after the 'Hauptlauf' has been found. The 'Hauptlauf' cannot be identified by first seeking to find the 'Thalweg' (emphasis added). (Namibian Memorial, p.44,para. 117).] 337. The thalweg is defined as 'the line of maximum depth along a river channel'.
(Goudie. ed.; The Encyclopaedic Dictionary of Physical Geography, (1990) p.428; Leopold, Wolman and Miller, Fluvial Processes in Geomorphology, (1964), p.281, in Appendices 2 and 7 in Professor Sefe's Second Opinion, (Appendix 2 of the present Counter-Memorial). 338. In a bifurcated stretch of river, such as the Chobe River in the vicinity of Kasikili/Sedudu Island, both channels will have their respective thalwege. However, the thalweg of the main channel will be at a lower elevation than the thalweg of the other channel. Only the thalweg of the main channel can be logically connected to the thalweg of the channel upstream of the point of bifurcation and downstream of the point of reunion. (Professor Sefe's Second Opinion, page 9, para.22; Professor Sefe's Analysis of the Expert Report of Professor Alexander, page 4, para. 9, Appendix 4 of the present Counter-Memorial). 339. The 1985 Joint Survey Report (see paragraphs 345 and 348 below), established the following depths at the points of bifurcation:- Location of Sounding Cross-section Depth in metres Upstream of bifurcation Immediately below bifurcation 1 4.05 Northern channel 2 2.65 " " " 2A 5.60 Southern channel 20A 2.10 " " " Immediately above reunion with river 20 1.50 Northern channel 7A 6.00 " " " 8 8.20 Southern channel 11 4.70 " " " 10 6.30 Downstream in river below reunion 9 14.00 Figure 9 in Professor Sefe's Second Opinion (at page 129) illustrates the comparative thalwegs of the two channels and how the continuous thalweg of the river runs from upstream into the deeper northern channel and continues at the deeper level until it rejoins the river below the Island. 340. Accordingly, the thalweg of the Chobe River, which is the line along which Article III provides the boundary shall run, is located in the northern channel. 341. This interpretation of Article III is confirmed as the official German view of the location of the boundary. A letter drafted in the German Foreign Office, dated (Berlin) 25 April 1910, contains the following message:-
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INTERNATIONAL COURT OF JUSTICE CASE
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10. Secondly: none of the officials
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and cloudy mode of argumentation ad
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commissioned a study of the questio
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"5. Since the attached report was p
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The Report discloses that while the
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more general point of continuity th
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the herds have taken to crossing on
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Page 19 and 20: 1984) to a decisive resolution of t
Page 21 and 22: entrepreneur to construct a tourist
Page 23 and 24: 105. The South African regime there
Page 25 and 26: (F) Boundary Pressures 116. Through
Page 27 and 28: Africa not to violate her territory
Page 29 and 30: Secondly: the Namibian Government r
Page 31 and 32: "The dispute concerns the reach of
Page 33 and 34: (i) The Intergovernmental Agreement
Page 35 and 36: 161. Earlier in the present chapter
Page 37 and 38: demonstrated in Chapter 9, the lega
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Page 41 and 42: 194. The preparatory work of the An
Page 43 and 44: 204. In the Joint Report itself the
Page 45 and 46: 213. Thus the South African letter
Page 47 and 48: 223. The first of these is an absen
Page 49 and 50: para. 169) went on to refer to the
Page 51 and 52: (c) any relevant rules of internati
Page 53 and 54: 256. The key passages in his Report
Page 55 and 56: partisan approach is characterised
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Page 59 and 60: 282. This statement is somewhat con
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Page 63 and 64: 303. The Namibian Memorial exhibits
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Page 73 and 74: (v) The mud-peat deposits in the ar
Page 75 and 76: [6. Selous' more contemporary accou
Page 77 and 78: German Agreement of 1890. The Cuand
Page 79 and 80: 372. The shape of the southern chan
Page 81 and 82: 382. When a river channel bifurcate
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Page 85 and 86: 402. The marked stand of big hardwo
Page 87 and 88: G28 - 1947 aerial photograph with l
Page 89 and 90: 421. This photograph is part of a s
Page 91 and 92: Nambian Memorial (p.56,paragraph 15
Page 93 and 94: 449. Three bands were chosen for th
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Page 97 and 98: 466. It is clear that, even if the
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Page 101 and 102: 493. On the possibility of burial o
Page 103 and 104: 515. Julius Mundia gave evidence to
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Page 107 and 108: scientific evidence, in which case
Page 109 and 110: 546. Even if these maps and plans w
Page 111 and 112: 552. Upon appropriate analysis, it
Page 113 and 114: 561. At paragraphs 294 to 296 the B
Page 115 and 116: [9 Captain Eason was not Assistant
Page 117 and 118: 579. From the first moment when the
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589. This sketch map includes the i
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Military Survey, Ministry of Defenc
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a line running parallel to the nort
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616. The map is annotated in red in
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depicted along the boundary. Inexac
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Botswana and the Caprivi Zipfel to
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643. VIII. As regards the 1949 Sout
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24. Joint Operations Graphic Ground
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(b) as regards notification when th
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the exercise of sovereign rights ei
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670. The primary legal condition fo
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(iii) The Alleged Authority of the
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Schuckmannsburg to pay it. (footnot
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invoked on the basis that it pre-da
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712. The second solution is as foll
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particular, there is no evidence to
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737. The episode as a whole provide
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"3. There is no doubt that if the w
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"Although this action seemed to imp
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761. This correspondence at the int
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771. Map evidence prior to 1965 is
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- From the time of Botswana's indep
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"The Court is asked to determine ..
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(signed) Abednego Batshani Tafa, De
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