NAMIBIA-SOUTH AFRICA: TREATY ON WALVIS BAY

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  • NAMIBIA-SOUTH AFRICA: TREATY ON WALVIS BAYAuthor(s): John DugardSource: International Legal Materials, Vol. 33, No. 6 (NOVEMBER 1994), pp. 1526-1528Published by: American Society of International LawStable URL: http://www.jstor.org/stable/20698396 .Accessed: 12/06/2014 21:46

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  • 1526

    NAMIBIA-SOUTH AFRICA: TREATY ON WALVIS BAY* [Done at Walvis Bay, February 28, 1994; Entered into force, March 1, 1994]

    +Cite as 33 I.L.M. 1526 (1994)+

    Introductory Note

    ta John Dygard

    Walvis Bay, a port on the coast of South West Africa, was proclaimed a British Crown

    territory in 1878, and annexed to the Cape Colony in 1884, shortly before Germany annexed South West Africa itself. In 1874 twelve uninhabited islands off the coast of South West Africa (now Namibia), known as the Penguin Islands or the Off-Shore Islands, were annexed to the

    Cape Colony by Britain. In 1910, when the Union of South Africa was formed, Walvis Bay and the Off-Shore Islands became part of the Union of South Africa and were administered by the South African government. After South Africa was granted a Mandate over South West Africa

    by the League of Nations in 1920, Walvis Bay was administered as part of the mandated

    territory of South West Africa. However, in 1977, as Namibian independence became a

    possibility, South Africa reasserted its right to Walvis Bay and placed it under the administration of the Cape Province of the Republic of South Africa. The Off-Shore Islands were administered

    directly by the South African government after 1910 and not as part of the mandated territory of South West Africa. In 1990, when Namibia became independent, it claimed sovereignty over both Walvis Bay and the Off-Shore Islands, a claim that was dismissed by the South African

    government. This set the scene for the final dispute over colonial territory in Africa.

    In 1992 South Africa and Namibia agreed to establish a Joint Administrative Authority over the territories as an interim arrangement pending a final settlement of the dispute over Walvis Bay and the Off-Shore Islands [32 I.L.M. 1152 (1993)]. The resolution of this dispute was expedited by the negotiations over a political settlement in South Africa itself. On August 16, 1993, the Negotiating Council of the Multi-Party Negotiating Process, in the course of its deliberations on a new political order for South Africa, resolved that Walvis Bay and the Off Shore Islands should be incorporated into Namibia at the earliest possible opportunity. This decision resulted in an agreement between South Africa and Namibia for the transfer of Walvis

    Bay and the Off-Shore Islands to Namibia on March 1,1994. Legislative effect was given to this

    agreement in both South Africa (Transfer of Walvis Bay to Namibia Act 1993) and Namibia

    (Walvis Bay and the Off-Shore Islands Act 1994).

    *[The Introductory Note was prepared for International Legal Materiah by John Dugard, Professor of Law,

    University of the Witwatersrand, Johannesburg, South Africa, and I.L.M. Corresponding Editor for Southern

    Africa. Reproduced from Proclamation No. R.951,1994, Republic of South Africa, Government Gazette, Vol. 347, No. 15747 (May 20, 1994).

    [The Namibian Walvis Bay and Off-Shore Islands Act of February 24, 1994, appears at 33 I.L.M. 1556

    (1994). The South African Act to Provide for the Transfer to Namibia of the Territory of and Sovereignty Over

    Walvis Bay and Certain Islands, assented to, January 14, 1994, can be found at 33 I.L.M. 1573 (1994).]

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  • 1527

    itLtM, Content Summary

    TEXT OF TREATY - I.L.M. Page 1528

    Preamble - I.L.M. Page 1528

    Art. 1 [Definition of Walvis Bay] - I.L.M. Page 1528

    Art. 2 [Incorporation of Walvis Bay into Namibia] - I.L.M. Page 1528

    Art. 3 [Cessation of the Joint Administrative Authority] - I.L.M. Page 1528

    Art. 4 [Further agreements] - I.L.M. Page 1528

    Art. 5 [Dispute settlement] - I.L.M. Page 1528

    [Diplomacy] - I.L.M. Page 1528

    Art. 6 [Entry into Force] - I.L.M. Page 1528

    [Done at Walvis Bay on February 28 1994] [Signatures]

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  • 1528

    DEPARTMENT OF FOREIGN AFFAIRS

    No. R. 951 20 May 1994 TREATY CONCLUDED BY THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOV ERNMENT OF THE REPUBLIC OF NAMIBIA

    It is hereby notified for general information that the Government of the Republic of South Africa and the Government of the Republic of Namibia have on 28 February 1994 entered into the treaty set out in the Schedule hereto.

    SCHEDULE TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND THE GOVERN MENT OF THE REPUBLIC OF NAMIBIA WITH RES PECT TO WALVIS BAY AND THE OFF-SHORE IS LANDS

    The Government of the Republic of South Africa and the Government of the Republic of Namibia (herein after "the Contracting Parties"); RECOGNIZING the common interests of the people of

    South Africa and the people of Namibia; REAFFIRMING their desire to strengthen the friendly

    relations between the two countries; BEARING IN MIND the Agreement between them

    establishing as an interim arrangement from 1 November 1992 a joint administration for Walvis Bay;

    HAVE AGREED AS FOLLOWS:

    Article 1

    In this Treaty, except where the context indicates otherwise?

    "Walvis Bay" means the port, settlement and

    territory described in the Walfish Bay and St. John's River Territories Annexation Act, 1884 (Act No. 35 of 1884), of the Cape of Good Hope, as "the Port or Settlement of Walfish Bay situated on the West Coast of South Africa, to the North of the Tropic of Capricorn, togetherwith certain Territory surrounding the same", and includes the Island of Ichaboe and the other islands, islets and rocks

    mentioned in the Ichaboe and Penguin Islands Act, 1874 (Act No. 4 of 1874), of the Cape of Good Hope.

    Article 2

    Walvis Bay shall be incorporated/reintegrated into the Republic of Namibia on 1 March 1994.

    Article 3

    The Joint Administrative Authority, established by the Agreement between the Contracting Parties shall cease to exist from the date of incorporation/r?int?gra tion.

    Article 4

    The Contracting Parties will with all due despatch regulate by way of further Agreements any matter relat ing to or arising from the incorporation/reintegration referred to in Article 2 which may require to be regu lated and any such matter which has not been settled or finalized by the date of incorporation/reintegration shall be settled or finalized by the Contracting Parties as soon as possible thereafter.

    Article 5

    Any dispute arising from the application or interpre tation of this Treaty shall be resolved by the Contract ing Parties amicably and in good faith through the Dip lomatic Channel.

    Article 6

    This Treaty shall enter into force on the date of incor

    poration/r?int?gration referred to in Article 2.

    IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed and sealed this Treaty.

    DONE at WALVIS BAY, in duplicate, in the English language, this 28th day of February in the year One thousand Nine hundred and Ninety-four.

    H. J.COETSEE, FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA.

    E. N.TJIRIANGE, FOR THE GOVERNMENT OF THE REPUBLIC OF NAMIBIA.

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    Article Contentsp. 1526p. 1527p. 1528

    Issue Table of ContentsInternational Legal Materials, Vol. 33, No. 6 (NOVEMBER 1994), pp. i-iv, 1397-1646Front MatterJUDICIAL AND SIMILAR PROCEEDINGSGENERAL AGREEMENT ON TARIFFS AND TRADE: DISPUTE SETTLEMENT PANEL REPORT ON UNITED STATES TAXES ON AUTOMOBILES (Luxury Tax; Gas Guzzler Tax; Corporate Average Fuel Economy (CAFE) Requirements) [pp. 1397-1460]INTERNATIONAL COURT OF JUSTICE: JUDGMENT ON JURISDICTION AND ADMISSIBILITY IN CASE CONCERNING MARITIME DELIMITATION AND TERRITORIAL QUESTIONS BETWEEN QATAR AND BAHRAIN (QATAR v.BAHRAIN) [pp. 1461-1482]UNITED STATES: COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT DECISION IN HUGO PRINCZ v. FEDERAL REPUBLIC OF GERMANY (Foreign Sovereign Immunities Act of 1976) [pp. 1483-1504]

    TREATIES AND AGREEMENTSBANK FOR INTERNATIONAL SETTLEMENTS; EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT; INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT; INTERNATIONAL MONETARY FUND; ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT: AGREEMENT FOR THE ESTABLISHMENT OF THE JOINT VIENNA INSTITUTE TO PROVIDE TRAINING SUPPORT DURING THE TRANSITION OF CENTRAL AND EASTERN EUROPEAN COUNTRIES TO MARKET-BASED ECONOMIES [pp. 1505-1513]INTERNATIONAL ATOMIC ENERGY AGENCY: CONVENTION ON NUCLEAR SAFETY [pp. 1514-1525]NAMIBIA-SOUTH AFRICA: TREATY ON WALVIS BAY [pp. 1526-1528]ORGANIZATION OF AMERICAN STATES: INTER-AMERICAN CONVENTION ON THE FORCED DISAPPEARANCE OF PERSONS [pp. 1529-1533]ORGANIZATION OF AMERICAN STATES: INTER-AMERICAN CONVENTION ON THE PREVENTION, PUNISHMENT AND ERADICATION OF VIOLENCE AGAINST WOMEN ("CONVENTION OF BELM DO PAR") [pp. 1534-1539]UNITED NATIONS: PROTOCOL TO THE 1979 CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION ON FURTHER REDUCTION OF SULPHUR EMISSIONS [pp. 1540-1555]

    LEGISLATION AND REGULATIONSNAMIBIA: WALVIS BAY AND OFF-SHORE ISLANDS ACT OF 1994 [pp. 1556-1572]SOUTH AFRICA: ACT TO PROVIDE FOR THE TRANSFER TO NAMIBIA OF THE TERRITORY OF AND SOVEREIGNTY OVER WALVIS BAY AND CERTAIN ISLANDS [pp. 1573-1575]

    REPORTS AND OTHER DOCUMENTSINTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1991: REPORT ON THE ASSIGNMENT OF COUNSEL AND DIRECTIVE ON ASSIGNMENT OF DEFENCE COUNSEL [pp. 1576-1589]INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1991: RULES GOVERNING THE DETENTION OF PERSONS AWAITING TRIAL OR APPEAL BEFORE THE TRIBUNAL OR OTHERWISE DETAINED ON THE AUTHORITY OF THE TRIBUNAL [pp. 1590-1597]UNITED NATIONS: SECURITY COUNCIL RESOLUTION 955 (1994) ESTABLISHING THE INTERNATIONAL TRIBUNAL FOR RWANDA [pp. 1598-1613]

    RECENT ACTIONS REGARDING TREATIES TO WHICH THE UNITED STATES IS A PARTY [pp. 1614-1617]RECENT ACTIONS REGARDING TREATIES TO WHICH THE UNITED STATES IS NOT A PARTY [pp. 1618-1618]NOTICE OF OTHER RECENT DOCUMENTS (not reproduced in International Legal Materials) [pp. 1619-1620]Back Matter

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