Documents submitted to the Court by the Republic of Namibia after the Closure of the Written Proceedings

Document Number
13429
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Date of the Document
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23 /02 ·99 DIN. '

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[Source: National Archives of Zimbabwe]

[transcription from original]

REF: 516/227. CENTRAL AFRICAN COUNCIL

P.O. BOX 1495, SALISBURY,
SOUTHERN RHODESIA
20th May, 1947

Sir,

1have the honour to inform you that this Council is investigating on behalf

.of the Southem and Northem Rhodesia Govemrnents the possibilities ofimproving

;navigation on the Zambesi River above the Victoria Falls. It has been suggested that the

Katambora and Kasane rapids might be by-passed by canals with a minimum depth of

three feet, thus opening the Zambesi River to barges and shallow-draft craft for 110 miles

from roadhead near Livingstone as weil as for 12-20 miles of the Chobe above the

Kasane rapids. A firm of consulting engineers bas been engaged to prepare detailed
surveys of the suggested canal sites, to enable the two Govemments to reach decisions.

2. In due course an official notification regarding this and other proposais

connected with the use of the Zambesi River will be made to the Govemment of the

Union of South Africa.

3. In the meantime Mr. W.C. KER of Livingstone, Northem Rhodesia, from

whose initiative flows the scheme described in paragraph 1 above, is already operating a

transport concem on the River. lt is understood that Mr. KER has made application to
you, seeking permission to use certain Caprivi channels and port of cali facilities at

Katimo Mulilo. 1should be grateful ifyou would give favourable consideration to his

application, as the services he is operating are to the benefit ofboth Southem and

Northem Rhodesia.

1have the honour to be, Sir,
Your obedient servant,

[Initiais illegible] CLARK

CHIEF SECRETARY

The Magistrate

Eastern Caprivi Zipfel,
KATIMA MULILO )
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23/02 "99DIN 18:30 [TX/RXNR 6668] ~002[Source: National Archives of Zimbabwe]

[transcription from original]

REF. 1166/227 CENTRAL AFRICAN COUNCIL
P.O. Box 1403

SALISBURY,
SOUTHERN RHODESIA.

13/11/47 [hand-written]

Dear Jolm [hand-written]

Clark has asked me to consult you on the following knotty problern.

As you will remernber, a lad called Ker started running river transport from

Katima Mutila dawn the Zambesi to near Livingstone sorne tirne ago. He is full of
initiative and energy, and bas had sorne success. He is now using five landing craft

towing dwnb barges, and running a shuttle service between the rapids at Kasane and

Katambora. His costs are about threepence per ton mile and he is canying about 40-45

tons per weekly trip, mostly, 1gather, timber from Sesheke. He is hoping eventually to

geta large contract from the Chobe Concessions inBechuanaland, but this depends on

whether it proves possible to by-pass the rapids with canals.

Ker bas done a lot of the preliminary investigation in connection with the
possibility ofby-passing the rapids, and so opening up the river for over 100 miles. As a

matter of fact, the Northern Rhodesia and Southern Rhodesia Govenunents are refunding

him p/s400 for his expenses in the investigations. Débenham, as you know, considered

the scheme feasible and recommended an accurate survey. This bas now been done by a

finn called Grinakers- at a cast off. 900- who have put up two alternative schemes

casting respectively f82,000 and f.32,000. The more expensive scherne covers the

construction of canals and the cheaper, mechanical porterage. The Upper Zambesi
Canals Committee of this Council will shortly be considering the economie justification. As you will see from the attached copy of a letter from (toget with~ry

reply), he is having sorne difficulty the Magistrate at Katima Mulilo over port of caU

facilities, and the use of certain Zambesi and Chobe channels in the Caprivi Strip. His

requirements are reasonable, but the Union argues that theip is native reserve and

therefore a closed area.

1have consulted the Attorney General's Department here, but have been advised

that theydo not possess the necessary authorities on the subject, and so cannat help.

Would it be possible for you to ask the legal adviser to the C.O. (shared with the C.R.O.?)

for an opinion on the rights of river traffic on the Zambesi and its channels, including

portof cali facilities in the Caprivi Strip and Bechuanaland. If the Union istobe­g

and has a legal right to be- difficult, then another promising idea may have to be

indefinitely postponed pending discussions at the most exalted levels!

I believe the Barcelona Treaty of 1921 is relevant, but so far as I can discover

neither the Union nor the High Commission territories ratified it. The 1891 treaty
mentioned by Ker appears to apply onltaGreat Britain and Portugal.

Sarry to slîng this at you, but there is nothing mocanwdo here.

Iam sending a copy of this to Tait at the C.R.O.

Yours, [hand-written]

Hugh. [hand-written]

1. M. Wallace,Esq.,
Colonial Office,
LONDON

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Documents submitted to the Court by the Republic of Namibia after the Closure of the Written Proceedings

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