Justice ministers H. J. Coetsee and E. N. Tjiriange signed at Walvis Bay, on 28 February 1994, the treaty between South Africa and Namibia with respect to Walvis Bay and the off-shore islands. The text, in duplicate in English, is DONE in the port itself. Incorporation/reintegration into the Republic of Namibia is fixed for 1 March, and Article 6 ties entry into force to that day.

Article 1 defines the territory by Cape Colony statutes: the Port or Settlement of Walfish Bay, with surrounding territory (1884), plus Ichaboe Island and the other islands, islets and rocks in the Penguin Islands Act (1874). This is not an annexation catalogue or an occupation handbook. The dual formula “incorporated/reintegrated” keeps both parties' legal languages.

The Joint Administrative Authority, set up as an interim arrangement from 1 November 1992, ceases on the date of transfer. Article 4 provides for further agreements on remaining matters; Article 5 sends disputes through the diplomatic channel. The South African Government Gazette (R. 951, 20 May 1994) prints the text with the plenipotentiaries' names.

Walvis Bay is the only natural harbour on the Namibian coast. It had been claimed for Britain and annexed to the Cape Colony, then administered for a time as part of South West Africa under South African mandate. In 1977 Pretoria detached it from the mandate territory; the UN General Assembly condemned the step, and Security Council Resolution 432 called for reintegration.

Namibia's 1990 constitution already declared Walvis Bay part of the republic; the South African government rejected the claim. Bilateral talks and, in August 1993, the negotiating council of South Africa's Multi-Party Negotiating Forum opened the way to the treaty. The transfer is distinct from Namibian independence in 1990.

DOALOS keeps the text in its delimitation-treaties database. It is not a maritime-boundary treaty; it is a transfer of sovereignty over the port, settlement and off-shore islands. Technical agreements in February–May 1994 settled effects, with domestic implementing statutes in both states.

Cover: the port of Walvis Bay — the photograph is of the quay, not of the signing table. Wikimedia Commons, free licence.

Sources consulted: Treaty on Walvis Bay; Treaty between South Africa and Namibia with respect to Walvis Bay and the off-shore Islands.