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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 .

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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).]



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]



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.

