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Malawi likely to win lake row with Tanzania at ICJ, Says University Historian

Discussion in 'Jukwaa la Siasa' started by Manyi, Sep 19, 2012.

  1. Manyi

    Manyi JF-Expert Member

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    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. Mungoshi: Malawi will win 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.

    Source
    By Nyasa Times Reporter
    September 18, 2012 ·
    Malawi likely to win lake row with Tanzania at ICJ, says university historian | Malawi news, Malawi - NyasaTimes breaking online news source from Malawi
     
  2. Manyi

    Manyi JF-Expert Member

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  3. MAMA POROJO

    MAMA POROJO JF-Expert Member

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    Huwezi kuwa hakimu wa kesi inayokuhusu ......atuache tuendelee na mazungumzo hakuna haja ya kutupa hitimisho hivi sasa eti upande fulani utashinda wakati yeye mwenyewe ni Mmalawi.

    ametumwa hakuna jinsi yoyote ambayo angesema Tanzania inaweza kushinda?????
     
  4. LINCOLINMTZA

    LINCOLINMTZA JF-Expert Member

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    Si waziri wa Mambo ya nje wa Malawi aliwaasa wanachi kuacha taarifa zitakazoingilia mchakato huu, Hawa wanafanya nini hapa?
    Sisi tunasubiri taratibu tu, wapige kelele wawezavyo, ikishidikana itakuwa 'LIWALO NA LIWE'
     
  5. Manyi

    Manyi JF-Expert Member

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    Ni kweli Mama Porojo! By the way i was suprised to read this, huyu jamaa inaonesha historia yake ina mpeleka pabaya kwa sababu anatoa ka mfano kamoja tu katika hundreds of disputes of water bodies. Mfano alioutumia wa Kisiwa sidhani kama una randana sana na water body!
     
  6. segwanga

    segwanga JF-Expert Member

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    Hawa dawa yao ni moja tu kama mm ningekuwa rais,kuwaambia sisi na 50% na wao 50% kama hawataki waende mahakamani au tupigane wakitushinda poa wachukue ziwa lote,tukiwashinda hamsini kwa hamsini.Wangekaa kimya kwa sababu inteligensia inaonyesha wanatuogopa.HAIWEZEKANI TUSITUMIE MAJI YA ZIWA lililoke kwetu pia kwa sababu ya mipaka ya kipumbavu iliyoweka na washenzi wa kikoloni
     
  7. Z

    ZeMarcopolo JF-Expert Member

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    Mtu anafananisha kugombania kisiwa na kugombania maji ya ziwa halafu wanamwita renowned historian!!! ridiculous...
     
  8. TZ biashara

    TZ biashara JF-Expert Member

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    Ngoja na sisi tuidai Malawi ni ya Tanzania,Kwani ni nani aligawa mipaka ya nchi?Hebu itazameni ramani vizuri halafu kaoneni ka nchi ka Malawi jinsi kalivo kadogo.
     
  9. Democracy999

    Democracy999 JF-Expert Member

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    Hivi hizi Trillioni 1.9 toka kwa Mwalimu wetu wa Kijeshi (PRC) ni za barabara na bomba au ni za Silaha?
     
  10. S

    Silent Burner Member

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    Ipo mito 18 ya tz inamwaga maji Ziwa Nyasa. Maaumizi yeyote yatakayolitoa ziwa lote kwa Malawi yatahalalisha tz kuzuia maji ya mito hiyo yasiende huko. Tutatengeneza mabwawa elfu kumi na kuyaelekeza huko tuone kama hilo ziwa litaendelea kuwepo.
     
  11. Khakha

    Khakha JF-Expert Member

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    kabisa mkuu silent burner, unajenga zege ya maana kama inch 500 ivi kuzuia maji yasiingie lake nyasa kudadadeki.
     
  12. Who Cares?

    Who Cares? JF-Expert Member

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    Watanzania wenzangu mbona mnakuwa wavivu wa kukumbuka hata historia ndogo zilizoko katika viganja vya mikono yetu??...

    Tatizo na mipaka yetu halijaanza leo na solution marehemu alishatuachia kabla hajafa...1974 nduli alitaka eneo letu kwa husda na tamaa yake kama huyu mama na bwanwake david cameroun...tuache kuuma uma maneno kama mtoto anayejifunza kuongea...

    Tufanye kama marehemu baba alivyotufundisha...nia tunayo sababu tunayo na uwezo tunao.
     
  13. Mundali

    Mundali JF-Expert Member

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    Mkiingia kwenye vita mbabe ndie huchukua chote. Ama watushinde wachukue ziwa lote, au tuwatwange tuchukue ziwa lote. Hakuna cha 50 50. Vinginevyo 50 plus gharama za vita wanalipa. Na ni kuwatandika mpaka Blantaya mama zao.
     
  14. r

    rodrick alexander JF-Expert Member

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    tujifunze kwa nchi kama china pamoja na kuwa na migogoro ya mipaka na jirani zake huwa hakimbilii kupeleka kesi mahakama za kimataifa kwani anajua mahakama hizo zimeanzishwa na nani na kwa maslahi ya nani
     
  15. Takalani Sesame

    Takalani Sesame JF-Expert Member

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    Wakishachukua hili Ziwa, watadai na maeneo yanayolizunguka hili ziwa nayo ni ya kwao. Ukicheka na nyani..
     
  16. Takalani Sesame

    Takalani Sesame JF-Expert Member

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    Mkuu, ICJ ni kupoteza muda tu. Na sisi tukienda huko imekula kwetu. ICJ inaendeshwa kwa maslahi ya wakubwa. Dawa ni majadiliano mpaka kieleweke. Watu wanaozunguka hili ziwa wana haki sawa katika kutumia hili ziwa. Ni uendawazimu kudhania kuwa Mnyakyusa anayeishi Kyela akigusa maji ya Ziwa Nyasa ilhali hana viza basi amevunja sheria za uhamiaji.
     
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