Page 26 - UNAM Virtual Graduation e-Book (April2021)

FACULTY OF LAW

DOCTOR OF PHILOSOPHY IN LAW

CANDIDATE: MAPAURE Clever

CURRICULUM VITAE

Clever Mapaure was born in Chipinge District, Zimbabwe. He matriculated
from Mt Selinda High School in the Manicaland Province of Zimbabwe. His
qualifications include a Specialised Certificate in Customary law (CuCL)(cum
laude); Baccalaureus Juris (B. Juris); Bachelor of Laws (LLB) (cum laude) and
Master of Laws (LLM) (cum laude) all from the University of Namibia. His professional career include: working
as a part-time lecturer at the University of Namibia, Faculty of Law; Research Fellow at Stellenbosch University
Centre for Chinese studies and Centre for West Asian Studies (CEWAS) Beijing China. He was also the Chief Legal
Officer at the Namibia Law Reform and Development Commission – Ministry of Justice. Clever is the founder
of the University of Namibia Law Review and is the first candidate to complete a PhD in Law at a Namibian
institution since independence. His research focus is on the law, principles and practice of transboundary water
equity in Southern Africa concentrating on the law security and diplomatic relations among Angola, Botswana
and Namibia in regulating and managing shared fresh water resources in the traversing Okavango River Basim.

CANDIDATE’S DISSERTATION

A CRITICAL LEGAL ANALYSIS OF THE LAW, PRINCIPLES AND PRACTICE OF TRANSBOUNDARY WATER LAW IN
SOUTHERN AFRICA: THE CASE OF OKAVANGO RIVER BASIN

The doctoral study was undertaken and completed under the supervision of Professor John Baloro (University
of Namibia) and Professor Manfred O. Hinz. (University of Namibia and later Jacobs University and University of
Bremen: Germany) as Co-Supervisor.

The exponential rise in global population and its growing resource needs has led to an inevitable geometric rise in
demand for water. At the centre of this growing demand is how nations relate to each other in the management
of trans-boundary water resources. In analysing state relations in so far as transboundary water management
and allocation is concerned, the central concept of equity becomes critical to consider. This thesis was based
on research on the Okavango River Basin, but also considered international law and other relevant comparative
jurisdictions and river basins in Southern Africa and elsewhere. The study considered the questions as to whether
the inclusion of equitable language in transboundary water management and allocation agreements really makes
a practical difference in transboundary water law at the basin level and in this light, whether the signing of the water
agreements on the use and management of Okavango waters has led to conflict or cooperation. The concluding
question focused on how the regime theory can help in understanding of interstate water co-operation and
whether based on this understanding, a typology or model for Okavango River Basin can be constructed. It was
found that the inclusion of equitable language does not in itself connote lack of conflict or cooperation. Further,
the signing of water agreements on the use and management of Okavango waters has not been the sole cause
of the apparent cooperation. The cooperation that exists is mainly out of political will, good security and diplomatic
relations in line with international law and best practices. Cooperation was also found to be based on expectation of
some economic benefit fostered by adherence to principles of international economic laws binding Riparian states
in common regional blocks. However, differences of opinion between the watercourse riparian states exist and
are based not only on their legal views, but also on their material political and economic interests including the
different water resource uses. The culmination of the methodologies used, research paradigms followed and
the findings made was the development of a Five Pillar model out of the understanding from the regime theory.
Based on this model, two Draft Agreements applicable to the Okavango River Basin were drafted and attached
to the Thesis as Annexes.

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