Very very loud....no part of Tanzania is for sale or acqusition by anyone;
Bwiko;
Arusha;
On 19 September 2012 17:14, Charles Banda <chasbanda@gmail.com> wrote:
A renowned University of Malawi historian Simbarashe Mungoshi says
Malawi is poised to win the case in which it is tussling with Tanzania
over the ownership of Lake Malawi if it maintains its stand of taking
the matter to International Court of Justice (ICJ).
In the standoff, which dates back to early 1960's, Tanzania is seeking
50 per cent of the ownership of the part of lake under dispute while
Malawi claims 100 percent ownership.
The latest dispute comes after government of Malawi last year awarded
contract to a British company Surestream Petroleum to start gas and
oil exploration in the lake. Surestream is currently conducting
Environmental Impact Assessment.
But this infuriated Tanzania which has called on the Malawi Government
and the company carrying out exploration of oil and gas in the eastern
part of the lake to stop doing so until the standoff between the two
countries over.
In recent meeting to resolve that matter Malawi proposed to take the
matter to ICJ after the meeting ended in a deadlock. But Tanzania was
reluctant.
However, Mungoshi a history lecturer at Malawi Polytechnic told Radio
Islam that there is possibility that the ICJ would rule in favour of
Malawi considering its previous ruling on border dispute between
Botswana and Namibia over the ownership of one island called the
Kisikili which is on the River Okavango.
"When these two could not resolve the dispute among themselves, they
took the matter to the International Court of Justice and the ICJ
ruled in favour of the 1890 Treaty of the Heligoland. So we have a
precedent here ICJ took recourse to the 1890 Heligoland treaty to
decide the ownership of the Kisikili Island. So I think Malawi is
right in taking the matter to the ICJ," he says.
Mungoshi says he found rather crooked that some people in Tanzania
could argue that there is international maritime treaty which requires
states bordering water body to have an equal share of the waters.
"I know that treaty it is of 1982. But the treaty goes on to say that
in the event that there was an agreement prior which stated otherwise,
the prior agreement should be the one to define the boundary".
In this case, he says, the prior agreement in on this the treaty of
the Heligoland.
Mungoshi says in 1962Tanzanian parliament, voted and greed that the
boundary between Malawi and Tanzania on the eastern shores of Lake
Malawi is on the shore.
They even invited the late Mwalimu Julius Nyerere the former president
of Tanzania who elaborated in this matter in the parliament. And he
said and I quote; "not event a drop of water belongs to Tanzania."
According to Mungoshi Tanzania was one of the first countries in 1963
to ratify the OAU charter which among other things recommended that
upon independence the boundaries should remain as was before
independence.
"And it's sad that now Tanzania is turning against all these
agreements by crookedly referring to part of the UN treaty in 1982 and
as I said this treaty did not say 'abolish the previous agreement'. It
says in the events that there are no such agreements. This was to help
the countries that are newly independent like South Sudan may be".
He says he is sure that the issue could be ruled in favour of Malawi
at the ICJ
"The courts world over work basing on precedent they take reference to
a similar or a number of similar cases that's where they base their
ruling and maybe that's why Tanzania is not willing to go there
because they know the procedures and they have lawyers who might have
advised them."
Tanzania is reluctant to allow Malawi to take the matter to the ICJ
arguing that the issue could be resolved through diplomatic negations
between the two countries.
http://www.nyasatimes.com/malawi/2012/09/18/malawi-likely-to-win-lake-row-with-tanzania-at-icj-says-university-historian/
--
Karibu Jukwaa la www.mwanabidii.com
Pata nafasi mpya za Kazi www.kazibongo.blogspot.com
Blogu ya Habari na Picha www.patahabari.blogspot.com
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--
Karibu Jukwaa la www.mwanabidii.com
Pata nafasi mpya za Kazi www.kazibongo.blogspot.com
Blogu ya Habari na Picha www.patahabari.blogspot.com
Kujiondoa Tuma Email kwenda
wanabidii+unsubscribe@googlegroups.com Utapata Email ya kudhibitisha ukishatuma
Disclaimer:
Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.
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