Fishermen and the law: Trespassing / Poaching
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"ISLANDS IN THE VAAL RIVER
THE SOLUTION OF A BOUNDARY DISPUTE
In the history of the South African Republic and the Orange Free State, boundary questions played an important part. One of these was the problem of the islands in the Vaal River. Numerous islands occur over a distance of several hundred kilometres from Lindeque’s Drift down stream as far a Christiana. Dense networks of islands occur in three places, namely, Parys, Dood’s Drift and Christiana. The biggest island, with an area of about 180 acres is Groot Eiland, which is situated just below Parys. A variety of wild trees grow on the islands, and many farmers ploughed the islands to grow crops or used them for grazing.
In 1883 some Transvaal farmers sent a petition with farms opposite Parys to the Transvaal Volksraad, complaining that squatters who were causing great damage to the owners of these farms were occupying certain islands in the Vaal River from time to time. Not only did they rob the farmers of stock, but they also kept diseased animals, which became a threat to the neighbourhood. White refugees also used the islands as hiding-places to escape Commando service/ No legal steps could be taken as the islands were generally regarded as neutral ground over which nether republican government had control. The memorialists requested that a joint Commission should be appointed by both Governments to inspect these islands, divide them and, if necessary, to lease them.
The opinion which the Transvaal State Attorney, Carl Ueckermann, gave to President Paul Kruger was: “Islands in running waters, according to Roman-Dutch Law, belong to the owners of the ground to which they are nearest …” The State Attorney of the Orange Free State, C.J. Vels, disagreed by stating that where a river forms a boundary between two states, the middle of the river constitutes the boundary. He added that farmers of both states were ploughing on the same island opposite Vredefort. President Brand also consulted his Surveyor General, J.C. Fleck, who reported that he had surveyed all the farms along the Vaal River to the middle of the river.
Both Governments appointed Island Commissions with one member of each Commission being a surveyor. The instructions to the Commissions were:
• To determine the main stream of the river.
• To allot any island to the State from which it was not separated by the main stream.
• In cases where two branches of the river occur of equal strength, the islands had to be allotted to either State on an equitable basis.
The Commissions met for the first time on the 8th November 1887 at Parys. Their first task was to fix the meaning of the words “main stream”. According to the rule of the Waterworks’ Engineers, the main stream of a river is the branch through which in a certain time (for instance, one minute) with half full banks, the largest quantity of water passes.
This is derived from the breath of the stream, the depth and velocity of the water. The water line of the main stream is a curved line in the river, and it is easy after fixing this line, called by experts “Thalweg” (the greatest line of depression) is the natural boundary between both states of these places where islands occur; but this line also exists where there are no islands. Here the Commission recommended that the middle line between the two banks should be taken as the line of jurisdiction.
Starting at Lindeque’s Drift on the 9th November, the two Commissions proceeded to determine the main stream and to allot the islands. A speedy completion of the works was necessary in view of the impending floods. Both surveyors, therefore, made their sketches independently and compared them. Where the islands lay close together the Commission recommended that proper surveys should be made. This was later done at Christiana and Parys.
The large islands at and below Parys were the cause of some disputes between the Commissions. Fortunately agreement was reached and later the division of the islands along the lower portion of the river proceeded rapidly. According to the division agreed upon by the Commissions, the South African Republic was allotted 101 islands with an area of 435 acres an the Free State received 94 islands with an area of 311 acres.
The Vaal River Island Treaty was signed by President Paul Kruger on the 12th March 1895 and by Acting President Blignaut of the Orange Free State on the 22nd April 1895. In the treaty it was agreed that the two banks of the Vaal River would be the boundary, except at Parys and Christiana where the boundary would be as indicated on the maps attached to the treaty. The Assemblies of both States ratified the Treaty soon after it was signed by the State Presidents."
Originally Posted by MaXiMuM
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