No need for border passes for Impalila (Part 1)

BEN S SIYAMBANGO NZEHENGWA WRITES ON BEHALF OF THE MOVEMENT FOR THE SURVIVAL OF THE RIVER RACES IN ZAMBESIA:

Honourable Minister Mrs Pedukeni Ithana MP

Minister of Home Affairs and Immigration

Dear Honourable Minister,

Impalira Island (the spelling we prefer) was not part of the former German protectorate of South West Africa and therefore should not belong to the republic of Namibia but rather to a country formerly known as Zambesia, maps are hereby attached.

Kasane, Kasika and Kasikili Islands also belonged to Zambesia and it is high time that colonial boundaries are adhered to by both the republics of Botswana and Namibia whose colonial boundaries were agreed and established at 22 degrees south latitude and 20th degrees east of longitude.

The areas mentioned historically formed part of the British sphere of influence declared between 1885 and 1887 and administered as such up to 1982. No unnecessary travel restrictions were experienced by the inhabitants of these areas as they were located in one country.

The question is why should the people of that area be subjected to severe travel hardships because of administrative arrangements based on the Anglo Germany treaty of July 1st 1890, a Treaty that had nothing to do with colonial boundaries.



THE TREATY OF 1890

The purpose of the Treaty was that with both the German and the British East Africa Companies pushing hard, some sort of agreement on a higher level became necessary if fighting between England and German was to be averted. Such an agreement was negotiated by Lord Salisbury with Germany in 1890 covering also other disputed parts of Africa. The terms were that Germany recognised a British Protectorate over Zanzibar and the rights of the British East Africa Company over Kenya and Uganda and those of the British South Africa Company over northern Rhodesia (Zambia).

The British for their part recognised German rights in East Africa (Tanganyika) and an additional strip of South West Africa. Since Britain had the better of the terms in Africa, she agreed to cede to Germany the North sea Island of Helgoland, which had been taken by the British from Denmark in 1807. This is the Island that was ceded to German and certainly not the Caprivi Strip.

What was the additional strip to South West Africa and what were the German rights that Great Britain recognised? Bearing in mind that the colonial boundary between Great Britain and Germany was the 22nd degree east of longitude, the additional strip was demarcated as follows.

To the east, by the line that commerce and follows the 20th degree east of longitude to its intersection point with the 22nd degree south of latitude. The line then traces this degree of latitude eastwards to its intersection with the 21st degree of longitude, follows this degree of longitude north wards to its intersection with 18th degree south latitude and runs along this degree of latitude eastwards to its intersection with the Chobe River.

Here it descends via a thalweg of the main channel until it meets the Zambezi River were it ends. It is understood that, under this arrangement, Germany would be granted free access from its protectorate to the Zambezi by means of a strip of land not less than 20 English miles at any point.



AFTER THE WAR

After World War One, Germany lost all her colonies and any rights she had overseas. Her Navy and Army were strictly limited in size and she was forbidden to produce or maintain military aircraft, heavy artillery or submarines. In essence the Anglo-German Treaty was abolished and the additional strip to South West Africa was no longer applicable.

The strip was never regarded as part of the German Protectorate of South West Africa because in 1908 a landmark judgement was made in which a German Judge Stintzing of the local court in Windhoek (Bezirksgericht) dismissed the charge against Messrs Rolhoff and Geik for poaching and violating decrees about gun control because he was of the opinion that these decrees were not yet established and introduced into the strip were Rolhoff and Geik had allegedly violated them.

Judge Stintzing said that inside the Caprivi Strip the laws valid in the protectorate were not operative and had not come into effect because the Caprivi Strip was not part of the German Protectorate but merely a German sphere of influence that was still to be occupied effectively.

The people of that area are suffering because of former Apartheid South Africa's unfortunate involvement in the area. South Africa should never have been allowed to interfere with the established colonial boundaries in Southern Africa as these boundaries were not crafted after 1961 but rather in 1884/1885 at the Berlin Conference.



THE SOUTH AFRICAN LEGACY

The challenge for leaders in Southern Africa today is not to emulate in the footsteps of Apartheid South Africa because it was not a colonial power in Southern Africa. Namibia can do much better because it rejected the aims and objectives of Apartheid South Africa with the former German Protectorate of South West Africa and how can Namibia now continue to tolerate the illegal actions of former Apartheid South Africa over that area?

It is common knowledge that the Union of South Africa which came into being in 1910, under the control of Great Britain was different from Apartheid South Africa which gained independence in 1961. The Republic of Namibia has failed to recognise proclamation 147 of 1939 put in place by the Union of South Africa in order to clearly identify the difference between the British sphere of influence and that of Germany.

It is strange that Namibia calls Germany its former colonial master and yet is unwilling to recognise the territory which formerly constituted the German Protectorate of South West Africa as its bonafide territory but would rather base its territory on former Apartheid South Africa's footsteps. This is erroneous.

The true Caprivi Strip passed from north of the former Damaraland towards the Angolan Border on its way to the Zambezi River. This was confirmed by a statement made by Lord Salisbury in the House of Lords on 10th July 1890.

The strip described in the agreement terminated south of the Kwando River and did not proceed beyond the eastern bank of the river in order to reach Impalira Island in Zambesia because two years before the Anglo-Germany Treaty of 1st July 1890 (the Helgoland Zanzibar Treaty) England had signed the Moffat Treaty on 11th February 1888 with king Lobengula. This treaty bound the British government to be responsible for all concessions in Zambesia. Further, the treaty barred Germans, Boers and Portuguese from entering Zambesia and doing business and hence Katima Mulilo, Kasane, and Francis Town has never been exposed to the teachings of Germans, Boers, Portuguese etc since the European entry into Zambesia by Dr David Livingstone in 1849.

However, it is common knowledge that for most Zambesians now living in either Botswana or Namibia it is not a matter of principal or ideology to search for Zambesia but rather one of job and financial security .We should be free to engage in the search for Zambesia particularly those tribes which inhabit both sides of the Chobe River because it is their country which has been messed up by England.

The remainder of this letter to the Minister will be published next week.)