Victor Kachaka, the Defence Lawyer in Afumba Mombotwa and Others vs The People appeal trial at the Supreme Court sitting in Ndola, has revealed that the Court will not accord them the opportunity to make open court arguments but that the Honorable Judges will make a ruling based on their written submissions in this case.
This came to light on Thursday when the much-anticipated appeal hearing could not take place because the court officials informed both the state and defence advocates that the court would only receive the state prosecutor’s written response to the already submitted grounds of appeal and heads of arguments from the defence attorney.
The Supreme Court of Zambia, sitting in Ndola, has given the defence one more day to allow them time to prepare and file grounds of appeal and heads of argument for his clients out of time.
This was after the appellants' lawyer revealed that he and his clients only received all necessary case records on Saturday and hence his request to have more time to file in all his arguments.
And after appearing before Supreme Court Judge, Her Hon. Lady Justice E.C Muyovwe, as lead Judge, sitting together with two other Supreme Court judges, the Hon. Mr Justice E.M Hamaundu and the Hon. Justice J Chinyama, the Defense Counsel was grateful that the judges were very kind to have allowed him and his clients another chance to file all grounds of appeal and heads of argument, and also that the presiding judges were very eager to see that the trial proceeds on Thursday this very week.
As the sworn Barotseland Administrator General, Afumba Mombotwa, and two others appear in the Supreme Court today to begin their appeal against their high court conviction and sentencing of 10 years imprisonment with hard labour for a treason felony, they wish to argue that the lower court erred in judgment when they imposed such a verdict in March of 2016.
And their attorney, Victor Kachaka has declared that both he and his clients are ready for court today, which has been scheduled for 09:00hrs in Ndola, before a number of yet to be known Supreme Court Judges.
Speaking after meeting his clients in Ndola yesterday, Counsel Kachaka assured that he will work hard to overturn both his clients' conviction and sentencing.
“I have met with my clients today (Monday) and we are all ready, physically and mentally. We have gone through our arguments together and can say, with confidence, that we are ready for trial as it begins tomorrow, and our expectations are that the Supreme Court Justices will hear us speedily!”
The case in which Afumba Mombotwa (60), Pelekelo Likando (64) and Sylvester Inambao Kalima (57) have appealed against their high court conviction and sentencing of 10 years imprisonment, with hard labour, for treason-felony is scheduled to take place in the Supreme Court of Zambia to convene in Ndola on Tuesday, the 4th of September, 2018, according to the Supreme Court Registry obtained by this publication.
In this appeal, the three appellants will be represented by their lawyer, Counsel Victor Chibvumbu Kachaka, in the picture above, who is renowned for defending a high-profile case involving dozens of treason-accused Namibians charged or convicted over secession-related matters in the Caprivi Strip, now Zambezi region of Namibia.
“There was definitely a clash in customs, which ceremony organizers admitted proved a challenge, but in the end, each side had to make some compromise.”
HISTORY was yesterday made at Mkaika, capital of the Chewa people in Katete, when the East met the West during the Kulamba traditional ceremony of the Chewa people of Eastern Zambia, Malawi and Mozambique.
The historical moment was as epic as sunrise meeting sunset, all in one place, as the Litunga would later describe the moment.
Independence will instantly create many thousands of Barotse jobs as Barotseland must establish not only its own civil and public service but also its military and defense forces such as the national police, the army, air and marine forces, the Royal Barotseland Government (RBG), also known as the Barotseland Transition Government (BTG), has assured in its latest feature.
Responding to a media query, the BTG has, however, warned that these jobs will only be possible under Barotseland independence and not under treacherous new agreements or the restoration of the dead 1964 agreement which the Zambian government is reportedly proposing to sign with the King of Barotseland arbitrarily and with only a clique of Barotse elites' involvement intended to perpetuate Barotseland’s subjugation under Zambia.
“Complete self-determination is the only guarantee to Barotseland’s development and jobs as, without it, Barotseland will perpetually depend on Zambia for its civil and military services, among all else, and Barotse people will continue to suffer unemployment and underdevelopment due to Zambian colonization disguised as a unitary state!”
A Barotse Royal Establishment (BRE) insider in the ongoing dialogue preparations has revealed that President Lungu wants the Litunga to use arbitrary powers to enforce the government agenda over Barotseland, promising him increased military protection against any possible uprising!
According to the BRE insider, Lungu is very frustrated that it is not easy to carry out his unpopular plans over the region because of its style of governance which places a lot of powers in the people!
“The president insists that the Litunga, as King, should be able to simply issue decrees and the people must be made to obey his decrees,” said the insider close to the on-going preparations for the proposed dialogue now slated for September.
“The president keeps saying that the Litunga is the only government recognized authority in Barotseland and no one else should matter in this case!”
The Royal Barotseland Government (RBG), also known as the Barotseland Transitional Government (BTG), has advised Barotse citizens, especially the Barotse Royal Establishment (BRE), to stop fraternizing with the Zambian government for Barotseland’s total self-determination to be realized.
Responding to a media query, the BTG said it was now clear that the Zambian government had lost all its legal rights over Barotseland after they unilaterally abrogated the 1964 Barotseland Agreement through their 1969-1970 constitutional changes.
“It was actually that agreement which gave them such rights, but now that Barotseland had already accepted its abrogation, there no longer exists any national-state relationship between the two territories other than social and geographical neighborliness, and a mere conditioning of the minds!” read their response in part.
The Zambian Watchdog has featured the below article to remind its readers what the Law Association of Zambia (LAZ) once said about the Barotseland Agreement of 1964.
The Law Association of Zambia (LAZ) is a professional corporate body established in 1973 by the Law Association of Zambia Act, Chapter 31 of the Laws of Zambia. Its predecessor was the Law Society of Zambia which was established by the Law Society of Zambia (Private) Act Chapter 47 of the repealed Edition of the Laws of Zambia.
The association represents the legal profession in Zambia and currently has a membership of more than 1,000 legal practitioners and advises the Zambian government and public on legal matters.
From this legal expose’ it will be clearly deduced that the current ongoing aspirations of the people of Barotseland are very legitimate! Therefore, the Zambian state is well advised to heed sound legal admonition before the Barotseland debacle escalates into civil war!
Many Zambians ignorant of what a Kingdom really is are often heard mocking Barotse people for aspiring to separate from their so-called democratic state, Zambia, to be ruled by a King in Barotseland, which they assume is an ‘archaic’ system of government synonymous with dictatorship.
First Republican President Kenneth Kaunda has been urged to seriously consider playing a role in resolving the issue of the Barotseland Agreement of 1964.
Civil Rights Activist Brebner Changala thinks that Zambia must utilize the opportunity it still has to resolve the Barotseland Agreement issue while Dr. Kaunda who was a signatory to it is still alive.
President Edgar Lungu has been called upon to caution Zambians in diplomatic service to desist from commenting on the issue of the Barotseland Agreement of 1964.
The Barotse National Freedom Alliance (BNFA) is concerned that careless statements on the Agreement by Zambia’s ambassadors and high commissioners, if not handled well, can be a source of conflict.