No need for border passes for Impalila (Part 2)

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

Former Apartheid South Africa was not a colonial power but a monster interested only in adventure in Southern Africa in order to further its own interests and therefore its actions and decisions cannot be used as a basis for boundary demarcation in Southern Africa.

Where was Apartheid South Africa when Bechuananaland was formally taken under British protection (30th of September 1885) and the sphere of British influence was declared to extend N. to 22 S and W. to 20 E.? Last mentioned line marked the eastern limit of German South West Africa.

The actual area to be covered by the British sphere of influence was defined as the country north of the Bechuanaland protectorate and the Limpopo (or Crocodile River, south of the Zambesi east of longitude 20 degree).



OLD BECHUANALAND

The British Order in Council of 30th June 1890 stipulates that the limits of that order were the parts of South Africa situated north of British Bechuanaland, west of the South African Republic and Matebeleland and South of the river Zambezi and not within the jurisdiction of any civilized power. Order in Council of 1894 which established Southern Rhodesia, composed of Matebeleland and Mashonaland, separated the current country of Zimbabwe from Zambesia and so where is the extension of both the former German protectorate of South West Africa and the Bechuanaland protectorate into Zambesia?

In the case of the former Bechuanaland protectorate the new Government of prime Minister Lord Salisbury and his Colonial Secretary Edward Stanhope for the second time already in August 1886 declined to see the logic of making this vast extension to Bechuanaland, particularly as in the passing of months since the original Cape alarmist letters there had been revealed no grand German design in Central Africa. So what did the former Bechuanaland and German protectorate want in Zambesia?

Impalira Island, Kasane, Kasikeli, Kasika and Francis Town are areas which were further north of the newly acquired British Bechuanaland. This area comprised of the great plateau on both sides of the Zambezi River.



CECIL RHODES

The key position in this Zambezi territory was held by Lobengula, King of the Matebele tribe who was besieged by foreign concession hunters.

In 1888 Cecil John Rhodes succeeded in gaining an extensive concession from Lobengula and in 1889 he secured from the British government the Charter of the British South Africa Company. This Company of which Rhodes was the driving force was entrusted with the government of these lands north of Bechaunaland soon to be named Rhodesia.

The Independence of Namibia Act 34 of 1990 states that the Council of the League of Nations on the 17th December 1920 conferred upon His Britannic Majesty for and behalf of the government of the Union of South Africa a mandate which formerly constituted the German Protectorate of South West Africa.

Honourable Minister, the mandate prohibited the Union of South Africa from changing the boundaries of the Germany territory and where did Apartheid South Africa draw it's source of authority to change boundaries in Southern Africa?

The current map of Namibia does not reflect correct historical evidence as it shows a strip protruding from South West Africa. This mistake arguably stems from a map drawn by the United Nations (UN) in December 1976.



THE UN MAP

In that year, the General Assembly of the UN adopted resolution 31/150 which inter alia requested the Secretary General to urgently undertake in consultation with the United Nations Council for Namibia the preparation of a comprehensive united map of Namibia reflecting the territorial integrity of Namibia.

Having completed the map, the Secretary General Dr Kurt Waldheim presented it to the general Assembly for approval. The scale of the UN map of Namibia was 1:4 000 000. It depicts international boundaries, intermittent and perennial rivers, landing strips and airports, railways, towns and villages.

With regard to the rivers, the courses of the international boundaries are not marked. Thus it is impossible to determine the course of such lines in the cases of the Orange, Chobe, Zambezi, Kavango and Kunene Rivers from the evidence of this map.

The eastern boundary is shown following 20th degree east of longitude, 22 degree south latitude and 21 degree east until it intersects a line running through a point situated 20 miles south of Andara. The rest of the eastern boundary that is the southern boundary of the Caprivi strip follows the solution that was formally accepted by the Union of South Africa long after World War One.

Similarly Andara on the Okavango River and the Katima rapids runs along the course defined by the agreements that had been concluded by Portugal and the Union of South Africa in 1926 and 1931 respectively. Walvis Bay and the islands along the coast, the Penguin Islands, are depicted as an integral part of Namibia.

There is an inscription on it that it represents an official UN map of Namibia and supersedes any other map of Namibia and South West Africa. This was published by Apartheid South Africa.



DISCLAIMER

However, the map contains a disclaimer which states that the delineation of the boundaries and neighbouring countries and the name shown on this map do not imply official endorsement or acceptance by the UN as they are to be determined by the independent government of Namibia. Significantly, the disclaimer on the UN map of Namibia testifies to the conclusion known by many people that as a general rule the UN cannot delimit territories except in special circumstances or unless the express consent of the states concerned has been acquired. The boundaries have to be settled in accordance with the principles of international Law by the states concerned. The effects of this disclaimer is to avoid any assertion that the UN by publishing this map has became bound to accept the assignments depicted by virtue of legal concepts of estoppel, admission acquiescence or recognition. Similarly, the disclaimer would avoid the assertion that UN member states which share common boundaries with Namibia have became bound by virtue of these principles.

This map was prepared for the purpose of dissemination of information only and no request was made as to the delimitation. The boundaries depicted on this map are therefor provisional.

Recently the President of the Republic of Namibia, Dr Hage G Geingob informed a gathering that Namibia will maintain and continue to respect the colonial boundary between Angola and Namibia and those advocating for change should simply forget it. What the President said is in line with the African Union Charter on boundaries and we wonder why and when the same logic will be applied to the boundary of Namibia in the East?

Around 1750, Impalira Island, the Kasane and Kasika areas were ruled by the chief named Leshwane son of chief Lipelengi, whose village stood on the site of present day Kazungula. This area was administered as one area because it was occupied by the Masubia Tribe. Leshwane, Nkokwena Mutolalizuku, uncle of chief Sikute of the Leya people on the east bank of the Zambezi River was chief of Impalira Island, Kasane and Kasika.

The writer of this letter is a descendant of Chief Leshwane.

The present government is seriously urged to look into this matter.

Yours Faithfully,