A veteran and renowned Zambian constitutional lawyer has insisted that the Lozis of Zambia have an undeniable right to choose to separate from Zambia if they wished or if certain conditions existed, and therefore, calling them secessionists whenever they peacefully agitated for self-determination was not only illegal and unconstitutional but also a gross violation of their human rights.
Dr. Ludwig Sondashi (Bachelor of Laws LLB, Masters of Law LLM and PhD in Philosophy in Law acquired at Warwick University, England) who has dedicated chapter 8 of his latest autobiography titled ‘TRUTH is not an easy road’ on the subject of the defunct Barotseland Agreement of 1964, has further lamented that successive Zambian regimes and many Zambians just did not want to care about how Barotseland became part of Zambia, stating that it was time Zambians faced the hard truth that Lozis were not like the rest of Zambians because they had unique rights of self-determination guaranteed under international law.
SUBMISSIONS OF LAW AS TO THE LEGAL POSITION OF BAROTSELAND AGREEMENT IN THE LIGHT OF BREACHES, ABROGATION AND REPUDIATION THEREOF
1. IN INTERNATIONAL LAW
There is one matter of absolute legal clarity about the Barotseland Agreement. Given the parties, the subject matter, the circumstances in which it was made, the intention, and the detailed content, its designation in law is that of an INTERNATIONAL TREATY.
As a treaty, it was required by the dictates of international comity and custom and of international law that the parties duly perform their duties under it. They could not just, as the Zambian Government purported to do, act as if the Agreement simply did not exist. The international element and requirements take it beyond the scope of purely domestic or municipal law.
BREACHES, ABROGATION AND REPUDIATION OF THE AGREEMENT BY THE GOVERNMENT OF ZAMBIA FOLLOWING INDEPENDENCE
Sadly, it quickly became clear that the Government of Zambia had no intention of honouring its promises either to Barotseland or to the British.
From the very outset, the Government of Zambia embarked on a systematic path to defeat the agreement.
Despite a Cabinet resolution to do so, the Agreement was never ratified or reaffirmed by the Government of Zambia, whether at Independence as Dr Kaunda had promised the other parties in London it would be, or at all.
THE BAROTSELAND AGREEMENT 1964
The agreement was concluded and duly signed on 18th May 1964 at the Commonwealth Relations office in London between the British Government, the Government of Northern Rhodesia and The Litunga of Barotseland regarding the position of Barotseland within independent Northern Rhodesia.
It is the Royal Barotseland Government’s position that the undisputed legal basis for the creation of modern Zambia, formed by Barotseland and the rest of Northern Rhodesia, was the same Barotseland Agreement of 18th May, 1964, which was signed by Dr. Kenneth David Kaunda, the Prime Minister of Northern Rhodesia, on behalf of the Government of Northern Rhodesia, by Sir Mwanawina Lewanika III, the Litunga of Barotseland, on behalf of himself, his Council and the Chiefs and People of Barotseland, and by the Rt. Hon. Duncan Sandys, the Secretary of State for Commonwealth Relations and for the Colonies, on behalf of the Government of the United Kingdom.
The young Barotse activist, Munyinda Munukayumbwa (23), arrested and implicated in the recent burning of a local court in Limulunga, appeared before Magistrate Malata yesterday for mention after 12 days of unlawful detention. He was, however, officially charged with seditious practices instead of arson, the crime he was initially arrested for.
Munyinda was allegedly reported to the police by a self confessed ruling Patriotic Front supporter, Mwanamuke Isimwa, to have been behind the burning of the Suulu court in Limulunga a fortnight ago.
The Barotse Floodplain is regenerated with rich alluvial soils every flood season. The Plateau Part of Barotseland is covered in a unique type of the Kalahari Sands Family. The list of crops that thrive in this unique type of desert homeland is basically - endless!
Mushabati - mubu waluna omunde! by Namakau Nalumango
O that we would only see the blessings of our unique desert homeland and stop grumbling about little things!
Let us go ahead and love our country and encourage community organisation - everyone - just where they are. 50 years after independence - see where Lusaka is at. Then visit the common man in Nakato, Ng'uma, Silele Village, Lukulo School, and many other typical rural areas...
After a week of unlawful detention, Munyinda Munukayumbwa, arrested for criticizing president Lungu of Zambia and Litunga Lubosi Imwiko II on facebook but now implicated in a case of arson, was finally issued a 'warn and caution statement'.
Although police sources insist the young Barotse did not do anything wrong per say, they claim their hands were tied in this case as efforts to get him granted bond would prove on Friday, as reported by scores of Barotse youths that went to see him and ensure that he get his entitlement in accordance to rules of justice.
Munyinda Munukayumbwa, who was arrested on Friday last week for a yet to be known crime, has neither been formally charged nor accorded a bail hearing over a week after his arrest.
It, is however, alleged that he is the one who set ablaze the Suulu Local Court in Limulunga, an allegation he categorically denies.
It has also been established that Mwanamuke Isimwa, a social media ‘friend’ of his and a known Zambia ruling Patriotic Front (PF) party functionary, is the one who allegedly reported him to the authorities resulting in his arrest for his recent persistent social media criticism of Zambian president Lungu and Litunga Lubosi Imwiko II of Barotseland.