Still questioning colonial boundaries

Ben Sitwala Siyambango writes:

The current map of Namibia was drawn following a United Nations General Assembly which adapted Resolution 31/150 of December 20 1976, requesting UN secretary General Kurt Waldheim to “urgently undertake, in consultation with the United Nations Council for Namibia, the preparation of a comprehensive United Nations Map of Namibia reflecting therein the territorial integrity of the Territory of Namibia” (CUNGA resolution 31/150 of December 20 1976).

However, in my view the UN did not have the authority to mero motu cede or confer sovereignty upon any state without the express consent of concerned state or peoples. Nor does the UN have the legal capacity to delimit any territories or to be party to contentious boundary cases before the International Court of Justice (ICJ).





Such capacity vests exclusively in states. Again, the legal principle of nemo dat quad non habet or nemo plus transferre potest quam ipse habet applies to UN as well. Moreover, in recognition of this fact, the said UN map for Namibia contains a disclaimer which clearly states that: “The delineation of the boundaries between Namibia and neighbouring countries and the names shown on this map do not imply official endorsement or acceptance by the United Nations as they are to be determined by the independent government of Namibia”. Such disclaimer is deliberately intended to avoid claims that UN member nations bordering Namibia are bound by such map, which was admittedly only prepared for the purpose of the dissemination of information.

It is now 40 years that has passed since that UN resolution was passed, and 26 years of independence but the country is still using a map with a disclaimer intended only in 1976 for dissemination of information.

It is time the country adopted its bona fide colonial map drawn in 1870, which depicts all the native tribes of German South West Africa (GSWA). A map that is in line with the boundary settlement between England and the German empire at the Berlin Conference of 1884/1885.

Lord Granville had explained that there was no desire on the part of her Majesty's Government to interfere with Damaraland or Namaqualand behind the coastline; and there could be therefore no objection, from our point of view, to Germany going into the interior even as far as the 20th degree East of Longitude which was pointed out to Prince Bismarck on the map, and beyond which westward England did not propose to go.

Act No. 34 of Namibian independence 1990 clearly stipulates that the territory that was granted independence was that which formerly constituted German South West Africa and this did not include so the so-called former Caprivi Strip. The map drawn in 1870, reflects the former German Protectorate of South West Africa.

The Anglo-German Treaty of 1st July 1890 was not a colonial boundary demarcation treaty. Furthermore, a sphere of influence did not at all confer any territorial rights of any legal nature upon any state.

Incidentally, with the exception of Busch manner, the contrast between the natives of South West Africa and those of South Africa around the same period of 1880 is really striking, i.e. these tribes include Bushmen, Hottentots, Fingos, Gaikas, Dondos, the Southern Zulus, the Northern Zulu's (Matebele) Basutos, the various Bechuana tribes (Balapins, Barolongs, Bahurutse, Bakhatlas, Bakuenas, Bamagwatos), the northern and southern Makalakas, Mashonas, Manansas , Matonga, Masupias, Marutse-mabunda, Mankoe, Ma-mpukushu and Makwengari.

Why can't these three countries in Southern Africa adhere to their former colonial boundaries, i.e. Botswana to revert to 22 degrees south latitude in accordance with the boundary drawn and agreed between Chief Khama and a representative of Queen Victoria (Sir General Charles Warren) at a ceremony signed on 30th September 1885 at Shoshong in favour of the British Protectorate of Bechuanaland. This agreement was also ratified at the Berlin Conference of 1884-1885.

Equally, Namibia should revert back to the 20th degree east of longitude as depicted on the map of 1915.

Zambia too should relocate its immigration office now at Wenela border post to the Eastern bank of the Zambezi River, because northern Rhodesia is a territory north of the Zambezi River. An order in council of 30th June 1890, states that the limits of the order were the parts of South Africa situated north of British Bechuanaland, west of the South Africa republic and Matebeland and 20th degree east of longitude and south of the River Zambezi and not within the jurisdiction of any civilized power.

(The writer of this letter is a descendant of chief Lipelengi, whose village stood on the site of the present town of Kazungula, and whose son Leshwane had quarreled with the Hambukushu people who were then living at the Katima Mulilo rapids around 1750. Leshwane Nkonkwena Mutolalizuku was chief of Mpalira Island, Kasane and the area now referred to as eastern Caprivi. I am seventh generation from chief Lipelengi.)