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Zambezi Queen and the tourist boats from the Safari Lodges supports that the northern channel is the navigable channel 'the most used' channel. (see the photograph of the Zambezi Queen moored in the northern channel near the junction to the Spar channel: at page 133). 388. All these criteria are ones which the Namibian Memorial itself accepts as relevant to determine the main channel. It admits: "The 1890 Treaty contains no definition of the expression 'main channel' of the Chobe River. The range of possibilities covered by the expression is quite wide. As Stephen B. Jones, an acknowledged authority on boundary making has observed, it could, in theory, refer to the channel that is the most used, the widest, the deepest, or the one that carries the most water." (footnote omitted). (Namibian Memorial, p.45, para.119). But later the Namibian Memorial states that Professor Alexander rejects these criteria of depth and width because he classifies the Chobe River as an ephemeral river where 'these variations are so large, pervasive and unpredictable that width and depth are inappropriate as criteria for identifying the main channel.' (Namibian Memorial, p.50,para.131). G 21 - Diagramatic illustration of a channel cross-section G22 - September 1997 photograph showing sand banks in entry to southern channel 389. The Court is respectfully referred to the series of aerial photographs and the satellite imageries which show plainly that there are no such large variations. The configuration of the island and the two channels remains as it was in 1925 when the first air photograph was taken, and the northern channel is consistently the wider and deeper. The Namibian Memorial is silent as to any refutation of the northern channel as "the most used". It, therefore, is reduced to accepting 'volume of flow', but contrary to the facts as set out at (vi), para.380 above, identifies flow with floodwater. (I) Aerial Photographs (i) Introduction 390. This remarkable series of air photographs taken in 1925, 1943, 1962, May 1972, November 1972, 1977, 1981, 1985 and at the present day, June 1997, represents a visual history of Kasikili/Sedudu Island and its immediate environs covering a period of over seventy years. (Botswana Counter-Memorial, Attachment). Examination and interpretation of these photographs provides accurate information about the Island's physical attributes over the greater part of the period of time since the 1890 Agreement. The 1925 aerial photograph was taken by the Kalahari Reconnaissance; the later items by commercial firms commissioned by the Government, such as Hunting Air Surveys Ltd., who took the 1962 photograph, and Swede Survey, who took the 1997 photograph. The June 1977 aerial photograph, which was not included in the Attachment to the Botswana Memorial, was part of a series flown by the South African Defence Forces in preparation of the JARIC map of 1977, which shows the boundary in the northern channel. All photographs have been enlarged to an approximate scale of 1:10,000 except for the 1977 photograph. Annotated copies of the photographs are set out at Attachment Photograph A to L.8
[8. List of Air-Photographs reviewed: 1. Photo 'A' 1925; 2. Photo 'B' 1943; 3. Photo 'C' 1947; 4. Photo 'D' 1962; 5. Photo 'E' May 1972; 6. Photo 'F' Nov 1972; 7. Photo 'G' 1981; 8. Photo 'H' Aug 1985; 9. Photo 'J' July 1977; 10. Photo 'K' June 1997; 11. Photo 'L' June 1997 Montage of 8 photos from Mambova to Sedudu.] (ii) Certain common features are observable in all the aerial photographs:- I. There has been no change over seventy years 391. Comparison of each of the photographic images over this period reveals that there is virtually no discernible change in the size or shape of the Island and its surroundings. This striking absence of change was noted in the Joint Survey Report of 1985 which stated :- "Air photographs showing the channels of the river in the vicinity of the island are available in the archives of the two national survey organisations. They were taken in 1925, 1943, 1962, 1972, 1981, and 1982. No substantial change in the position of the channels is evident from the photographs." (Botswana Memorial, Annex 48.) Shoreline and visible surface features are practically identical on all photographs in the series, as illustrated by the small stand of well established hardwood trees clearly visible on the northern spit of the island on the 1925 mosaic, Photograph A, marked big trees, which are also clearly visible on the 1985 photograph, Photograph arrow. (Attachment to the Counter- Memorial). This uniformity throughout the series of air photography indicates the inherent stability of the riverine system in the locality of Kasikili/Sedudu Island. II. Similarly there are no signs of erosion 392. The size and shape of the southern channel and the features lying within it have remained unaltered, indicating that very little current passes through this channel. The photograph taken in September 1997 (at page 157) shows submerged trees in the southern channel lining its stable non-erodible banks. If the southern channel was the main channel and carried the greater volume of water and current, it would be expected that the western side of the sediment spit (marked A) would have eroded to some extent as the current swept along the western bank. The unchanged shape of the sediment spit indicates the absence of any such current and of any erosion. 393. Similarly the size and shape of the sediment fans at the exit of the Sedudu Valley in the bifurcation zone remain unchanged from the earliest 1925 photograph. Storms or floods in the subsequent years have, therefore, had no effect whatsoever on the silt deposits in the southern channel. G24 - Photograph of Kasikili/Sedudu Island and sunken trees G25 - September 1997 photograph of sand banks in western entry to southern channel III. The configuration of the Island remains the same throughout the period 394. No support is provided for the flood zone referred to in the Expert Report in the Namibian Memorial. The surface texture of the island is uniform across the island. A line is visible on the photographs running from the inlet on the western side of the southern channel diagonally across the island south west to the western channel. This line is not the boundary line of zone d which Professor Alexander proposes in Diagram 4 of Sheet 17 (Namibian
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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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Secextern would appreciate the seri
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1984) to a decisive resolution of t
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entrepreneur to construct a tourist
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105. The South African regime there
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(F) Boundary Pressures 116. Through
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Africa not to violate her territory
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Secondly: the Namibian Government r
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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 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
Page 65 and 66: to sidestep these inconvenient fact
Page 67 and 68: unsubstantiated thesis that Botswan
Page 69 and 70: (Goudie. ed.; The Encyclopaedic Dic
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Page 73 and 74: (v) The mud-peat deposits in the ar
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Page 79 and 80: 372. The shape of the southern chan
Page 81: 382. When a river channel bifurcate
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
Page 105 and 106: Mubukwani and then only the boys us
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
Page 119 and 120: 589. This sketch map includes the i
Page 121 and 122: Military Survey, Ministry of Defenc
Page 123 and 124: a line running parallel to the nort
Page 125 and 126: 616. The map is annotated in red in
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Page 131 and 132: 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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botswana/namibia - Cour international de Justice

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