Afumba and three others’ Court Appearance Switched twice to Evade Media as Zambia police arrest people attending his court hearing.
Honorable Masiye Masialeti, a member of Hon. Afumba’s Barotseland interim government has been arrested this afternoon, along side undisclosed others, at Mumbwa Magistrate Court shortly after today’s court proceedings at which hearing Rt. Hon. Afumba Mombotwa and his co-accused Likando Pelekelo and Hon Kalima Sylvester appeared for mention. The trio were arrested by Zambia police on the 5th of December 2014 at Kasaya after they had visited Senior Chief Inyambo of Mwandi in Sesheke, and on their way to Livingstone.
The police arrested Masiye Masialeti and others after they attended the case but it is not clear what charge has been slapped on them.
Masiye is one of the 84 people who were rounded up and arrested in August of 2013 after a video of the swearing-in of Afumba Mombotwa as Administrator General of the Barotseland transitional government was circulated on popular media.
Zambia defense Minister, then Geoffrey Mwamba, had alleged that Afumba’s swearing-in video was uploaded from Masiye’s house at Sioma High School and after he was released he (Masiye) was fired from the civil service.
On 1st November last year Masiye and all the treason accused were released after the Director of Public Prosecutions entered a nolle prosequei.
Meanwhile, the case that was transferred from Mungu Magistrate court to Lusaka Magistrate court was today dramatically heard at Mumbwa Magistrate court without prior notice, all in an effort to black-it out from media coverage. While some section of the media went to Lusaka Magistrate court or Mungu magistrate court the case was actually heard at Mumbwa magistrate court at 14:00hrs, at which hearing the matter was adjourned to 6th January 2015 for mention.
The accused have all been slapped with treason felony punishable by death under Zambian laws if proven guilty.
There is now heightened fear for the safety of those arrested as well as many other Barotseland interim government officials and Barotseland independence activists in general as the Zambian government has proven ruthless and heavy handed on the people of Barotseland questing for self-determination. The evening of 19th December 2014, Barotseland Intelligence reported a foiled attempted kidnapping of Hon. Afumba from Mwembeshi maximum prison on the pretext that the Zambian minister of home affairs, Edgar Lungu, had instructed for his release when in fact Mr. Guy Scot, the Zambian acting president had not even signed for such an instruction. The plan was to allegedly have him (Afumba) harmed if not killed.
As it is no Zambian media, either radio or television was able to cover today's court proceeding as it was done in such a secretive manner.
The concern about Barotseland's security should now take center stage because Barotseland has the right legal framework to do so, therefore, it's right time now for Barotseland to constitute a national Defense Force to defend the territory from external threats. This time around Zambia will be held responsible should this issue spill into armed conflict, if Zambia persist to control Barotseland territory contrary to the dictates of public international law.
Even before recognition Barotseland state has the right to defend its integrity and independence. For any country to effectively and authoritatively command control of her territory, it should have established defense force. According to Montevideo Convention on the Rights and Duties of States Signed at Montevideo, 26 December 1933 and Entered into Force, 26 December 1934 article 3 starts that ,
"The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts."
Therefore, there is nothing wrong for Barotseland to exercise her right under the Rights and Duties of States by establishing national defense force to stand against external threats especially from Zambia the occupying force in Barotseland territory.
Legal interpretations and knowledge are at our disposal, to enable us to stand against Zambia's uncalled violation of Barotseland's right to self-rule. States signatory to the Geneva Conventions undertake to respect and to ensure respect for the Conventions in all circumstances.
The Barotseland transitional government through the Acting Administrator General is expected to take appropriate action to take Zambia to the international Court of Justice if Zambia thinks they can use domestic Zambian jungle laws to hold the people of Barotseland captive. The question at hand now is how far the Barotseland government is prepared to stop this extra territorial operations by Zambia? We understand the defense force requires good funding to procure necessary military hardware and to sustain personnel through salaries and training.
Of course with the efforts put so far these are non challenges for Barotseland as a state to constitute a defense force.
The people, who are the citizens of Royal Barotseland, have already spoken and opted for independence through the BNC of 29th March 2012 , whose resolutions insisted on an urgent government formation and peaceful independence struggle to prevail even if it faces stiff opposition from the occupying force.
The International Covenant on Civil and Political Rights (Article 15 (2)) stipulates
“No one shall be arbitrarily deprived of his Nationality nor denied the Right to change his Nationality.”
Indeed we are Barotzhish, and as nationals of Barotseland, we are ready to defend our country if pushed too far.
Zambia's persistent and violation of various international conventions on the rights of people to self-determination is regrettable, and it will cost Zambia in compensation to pay Barotseland for the lost economic opportunities for five decades.
The recent arrest of the Administrator General Rt. Hon. Afumba Mombotwa and two transitional government officials may best be seen as the arrest of an ex‐diplomats of a foreign State, and is viewed as hostile acts on the part of Zambia against unarmed people of Barotseland.
Tukongote Litunga Ni lyetu.
The discussions were held at Marlborough House in London during the period of 5th to 19th May 1964 that culminated in the signing of the Barotseland Agreement 1964. Here are the personalities that represented their respective countries or organizations;
Rt. Hon. Duncan Sandy's, M. P ( Secretary of State for Commonwealth Relations and Colonies )
Mr. Richard Hornby ( Parliamentary under -secretary of state for Commonwealth Relations and the Colonies )
Sir. Seville Garner, K.C.M.G
Sir. Arthur Snelling, K.C.M.G , K.C.V.I
Mr. N. D Watson, C.M.G
Mr. S. P. Whitley
Mr. A. R. Rushford, C.M.G
Mr. C. J. Hooton, C.M.G, M.B.E, Q.C
Mr. G. W. Jameson
Mr. D. R. Wilmont
Governor of Northern Rhodesia
Sir. Evelyn. D. Hone, K.C.M.G, C.V.O, O.B.E
NORTHERN RHODESIA GOVERNMENT DELEGATION
Dr. K. D. Kaunda, Prime Minister - Leader
Mr. M. M. Chona, Minister of Justice
Mr. S. M. Kapwepwe, Minister of Home Affairs
Mr. A. N. L. Wina, Minister of Finance
Mr. E. H. K. Mundenda, Minister of Agriculture
Mr. A. L. Milner, parliamentary secretary to the Prime minister
Mr. K. K. Chivunga, parliamentary Secretary to the Minister of Health
Mr. H. M. Kikombe, minister of the Legislative Assembly
BAROTSE NATIVE GOVERNMENT DELEGATION
Sir. Mwanawina III, K.B.E- Leader
Mr. Imenda Sibandi, the Hon. Ngambela of Barotseland
Mr. Ndangwa. H. Noyooh, elected Councilor
Mr. Kawana Mulemwa, elected Councilor
AFRICAN NATIONAL CONGRESS DELEGATION
Mr. Harry. M. Nkumbula- Leader
Mr. Mufaya Mumbuna
Mr. B. L. Lombe
NATIONAL PROGRESSIVE PARTY DELEGATION
Mr. H. J. Robert - Leader
Mr. C. D. Burney
Mr. H. R. E. Mitchley
NORTHERN RHODESIA GOVERNMENT OFFICIALS
Mr. W. M. McCall, Q. C
Mr. L. Bean, M. B. E
Mr. A. E. Lewis
Mr. I. M. Eldridge
Mr. D. M. Tallmadge
Mr. R. C. Andrew
Mr. A. M. Hinds
Mr. A. J. R. Noel
Mr. F. Bellows
Mr. J. T. A. Howard- Drake
Mr. C. D. W. Adams
Mr. A. M. Fox
Mr. T. A. A. Hart
Mr. E. D. Davies
Mr. R. C. Kite
Mr. N. O. Rampton
Having concluded the deliberations, the British government, being the convener produced the following statement signifying the end of the discussion:-
" The Secretary of state, in conclusion, informed the Conference that, having regard to the settlement of constitutional matters reached at the Conference and to the separate agreement reached outside the conference between the Northern Rhodesia government and the Litunga of Barotseland in the future position of Barotseland within Northern Rhodesia, the British government has decided that Northern Rhodesia, under the name of the Republic of Zambia, should become independent on 24th October, 1964."
Besides, the Prime Minister had undertaken to respect the Barotseland Agreement and stated as follows:-
" The Prime minister of Northern Rhodesia undertook on behalf of his Government, that the Agreement would be reaffirmed by the Government of Northern Rhodesia at Independence."
This shows that the BA64 was well discussed and adequately prepared and it was timely set that any disruption of it was apt to create problems which Zambia is faced to day as the consequences of abrogating it.
Compiled by Saleya Kwalombota
Information just received indicates that detained Linyungandambo leader and Barotseland Administrator General Afumba Mombotwa together with his co-accused’s cases have been transferred from Mungu to Lusaka. As such the three will be appearing before Lusaka magistrate tomorrow the 22nd of December 2014 most likely in the morning at 09:00hrs.
The information further state that Mungu police, for some explained reasons, have cleared the transfer of the case in which the trio have been charged with both sedition and treason felonies from Mungu to Lusaka.
Meanwhile, the three have been detained at Mwembeshi Maximum prison after they had secretly been transferred from Kambule remand prison in Mungu to this maximum facility in Mumbwa.
Afumba Mombotwa who took oath of office on the 14th August 2013 to head the Barotseland interim government as Administrator general was arrested on Friday, 05th December 2014 together with two other officials of his government after they had visited senior chief Inyambo Yeta in Sisheke region of Barotseland.
More updates on this story as it develop.
I would like to shed light on the genesis of the Nkoya tribal group of Barotseland, in order to disprove the innuendo being peddled that certain tribal extractions are under subjugation of other tribal groupings in Barotseland. This incorrect assumption is being engineered by political stewards who are our brothers and sisters from the group that professes to be of the "Nkoya" extraction which claims not to belong to Lozi nationality. They have argued that Nkoyas are not part of the Barotse-speaking people. According to a Nkoya traditionalist, Robert Litungu.
It is better to explain this issue because the matter is being exaggerated and fuelled by forces outside Barotseland who are Zambian politicians aiming at bringing division among the diversified ethnic groupings of Royal Barotseland Kingdom. It is therefore, proper to discuss this matter honestly in order to remove the unnecessary innuendoes on this argument. To start with, let us examine who the "Nkoya" people are?
It is stated that the "Nkoya" people are descendants of Sioka Nalinanga and that this argument is not carried forward beyond this level.
The fact is that the name "Nkoya" was adulterated from the name Ñoya who was a sister to Mwambwa and both of them being daughters of Noshaa.
On the occasion of the death of their mother while residing along the "Loi" River in the present day Congo DR, the first dispersal took place which saw the moving away of notables like Inyunyi, Mbukushu, Yutoya, Ngambwa, Imanga, Kayawe, Nyimbwamoyo, Mbakala and many, many more. The dispersal was ignited by the desire to change leadership from women to men and that there were problems of disposal of the chattels of the departed leader (their mother Noshaa). Notables, among others, like Isimwaa had resisted the idea to replace the leadership from women to men. Following this episode, the first group went away leaving others including Mwambwa and Ñoya with their children.
After sometime, the group decided to take a similar movement which brought them to the present settlement of "Ului" which was derived from the name "Loi" River in present day Congo DR.
While on the trek, incidentally, they found or stumbled on Yutoya while others had gone in different directions, which were later located. During this time, Mwambwa was the leader who was supported by Ñoya and the other people. Ñoya had daughters by the names of Nalinanga and Nolea who latter had sons by the name of Sioka and Imatakwana who later became famous and got known as Mange.
Sioka, being a nobleman, was given responsibility to look after the royal regalia during the reign of Mwambwa. In the meantime, Ñoya had moved to settle in a land which became known as Ñoya which is sandwiched between Mwito under Induna (chief) Mayankwa in Lukulu district, Luambuwa under Induna (chief) Kabilamwandi in Kaoma district while the other side is in the area of Sikusi under Induna ( chief) Iloke and Luena / Sitoya under Induna (chief) Sibetta in Mungu district respectively.
The land of Ñoya is eulogized by people who truly confess to be members of the Ñoya stock. As to the position of Sioka, true members of the Ñoya stock, will say:-
" Ami Kankoya ka Shihoka Nalinanga, bantu ba tula mikabo baka kulya nshima kuanga. Ba Mununga, ba nungile mpanda mwilu", meaning, “I am a Nkoya of the line of Sioka Nalinanga, one who eats nshima having climbed a tree".
The differences between the Nkoya people and the rest of Barotse tribes does not arise and is a non issue which should not be politicized. The insinuation of this matter is too dangerous to Barotseland and Zambia as a whole. The BRE is more democratic than the Zambian government. The Zambian government is democratic in theory, but for the past 50 years has marginalized and abused power. Kenneth Kaunda Zambia's first president was a semi-dictator under one party participatory democracy, whatever that means?
Before Zambia’s independence in 1964, the people in Barotseland were voting their Legislative council in power, representing their constituencies. The Litunga does not rule by decree or creed. There is no force.
Also note that the Litunga does not speak. This is how decisions are made and not by the Litunga.
There are three chambers in the Kuta, Bana Ba Malena, Commoners and the Indunas. This is how Barotse Royal Establishment is composed of. Also it is good to note that all tribes in Barotseland are in the governance systems of Barotse Royal Authority (BRA) or Barotse Royal Establishment (BRE) according to Zambian imposition.
The BRA is not intending to go back to the days of slavery and enslave Nkoyas.
As a matter of fact, Litunga was the first African leader to end slavery. The name Litunga ‘Mulambwa’ signifies people should stop slavery but buy and sell dogs instead. This was way back in 1830. Lewanika upheld anti- slavery tendencies.
To add a bit on the relationship between the Luyis’ and the Nkoyas’, Mankoya/Kaoma had also been invaded and subjected to Makololo rule and was only reclaimed by the Luyi impis who wiped out the Makololos.
Makololos are the ones who imposed Lozi language across Barotseland and Mankoya had equally been headed by the Makololo, just like all other ethnic groupings of Barotseland.
This, therefore, should surely explain the connection between Mankoya and the rest of the people of Barotseland. As explained from the historical narration, the Nkoya people are from the root of Ñoya who was a blood sister to Mwambwa, therefore, the children of them are relatives of the same stock.
Finally, the Nkoya people should not violate historical and ethical codes of professional decency, thereby, being untrue to the History of their genesis in Barotseland by allowing themselves to be used by politicians with historical theory mixed with errors and polluted with political propaganda.
Tukongote Litunga Ni lyetu.
By Saleya Kwalombota
DOES ZAMBIANS UNDERSTAND THE MAGNITUDE OF THEIR ACTIONS?
On the night of 19th December 2014, Zambian’s Minister of Defence and Justices who is also the PF Presidential candidate in the forth coming Zambian Presidential By-Election EDGAR CHAGWA LUNGU sent a team to Mwembeshi Maximum Prison comprising Zambian Army and OP personnel to specifically go and kidnap His Excellence Rt. Honorable Afumba Mombotwa to an unknown destination. He instructed them to say, “When the Prison Officer In-Charge asks you tell him that you are transferring him to Lusaka where He will be released from.”
Upon arriving at Mwembeshi, they told the Prisons Guard on duty who later informed his superior. The Officer told this team of criminals and kidnappers that in his capacity he has not received such an instruction from the Acting President Dr. Guy Scott. He further told them that unless they showed him a presidential command, he would not allow them. The team leader then called Lungu and told him about the development, and he Lungu emphatically told them that their instruction was to pick Rt. Honorable Afumba Mombotwa and they should do just that.
Amidst this argument, the Officer In-Charge then decided to call state house and speak to Dr. Scott. He told him about the move which Edgar Lungu was doing to implicate him as the President. And in response to it, Dr. Scott told the Officer In-Charge that He in his capacity as Acting President did not give such a command or directive and who ever sent those people was doing so to undermine his authority. He went on to say that they should not allow anyone to kidnap any of the trio out of Mwembeshi prison to either Lusaka or any other unknown place.
Zambia’s Acting President further said those people (Afumba and his co-accused) have not committed any crime and if anything, they should be taken back to Mungu closer to their relatives, stating that even the next court session should be held in Mungu and not Lusaka. He further said that who ever sent this team has evil plans against these people and He Dr. Scott will not allow such a thing to happen under his watch. And when the officer In-Charge told them what the Acting President’s orders were, they all left. There were two trucks full of soldiers, a land cruiser and another vehicle.
The questions: Is Edgar Chagwa Lungu a president already or not? Does he really understand what is at stake for him and the rest of Zambians as far as this case is concerned? What Zambians should expect out of such individuals is deadly and should anything happen to His Excellence Rt. Hon.Afumba Mombotwa, Rt Hon. Likando Pelekelo or Rt. Hon. Sylvester Kalima, Zambia will experience the full wrath of Malozi. Barotseland knows what Zambia is capable of as they have already seen Zambia did to the Former Ngambela and gallant man Hon. Maxwell Mututwa, the Muyangana Family and many others while they were in detention in different Zambian jails. However, Barotseland will ensure that Zambia gets the full measure of their actions because all the fallen Barotseland heroes deaths on Zambia’s conscience.
Barotseland also wishes to advise Edgar Lungu and his fellow criminals that they are playing with fire, stating that if a dog is fond of stealing eggs, the only way to stop it is to break a boiled hot egg in its mouth.
Therefore, Barotseland wish to tell and warn Zambia that they are watching closely and soon, the gates of hell will be opening to some to those erring.
A Barotseland Intelligence Report.
The European Parliament has adopted a resolution supporting Palestinian statehood in principle. The compromise motion did not back immediate recognition of a Palestinian state.
After discussions between the main parties in the European Parliament, a watered down motion on Palestine was carried by a two-thirds majority on Wednesday.
"(The European Parliament) supports in principle recognition of Palestinian statehood and the two-state solution, and believes these should go hand in hand with the development of peace talks, which should be advanced," the motion read.
The largest group in the parliament, the center-right European People's Party and the fourth largest group, the Alliance of Liberals and Democrats for Europe, said recognition should only form part of a negotiated agreement with Israel.
Social Democrat, left-wing and Green members of the European Parliament had put forward motions for a symbolic vote on Wednesday. They called on the EU's 28 members to recognize Palestine statehood immediately, without conditions.
In October, Sweden voted to recognize Palestine. There were non-binding votes in favor of recognizing Palestine in Britain, France and Ireland in the following weeks as lawmakers expressed impatience with the stalled peace process in the Middle East. The last, US-sponsored, talks collapsed in April. Since then Israel has built settlements on land Palestinians claim for their future state.
Later on Wednesday, Jordan is to submit a draft resolution to the UN Security Council on behalf of the Palestinians on ending the Israeli occupation of the West Bank.
Separately, an EU court on Wednesday ruled that Palestinian group Hamas should be removed from the EU's list of terrorist organisations.
jm/jr (Reuters, AFP)
It was with deep shock and pain that we learned of the passing of yet another hero of the struggle for the total independence of Barotseland, Comrade Muyangana Muyangana. He was, in every sense, a brave warrior who never retreated in battle. He kept on believing in our cause and never allowed even sickness to change his conviction. In him was a man who truly lived for something he was ready to die for. This is sad indeed.
When we finally arrive at our destination and are reclining in our reed fenced compounds; when the history of our struggle is told, it will not be complete without acknowledging the sacrificial contributions the Muyanganas made. We would not be where we are with Barotseland’s independence today had it not been for the brave leadership of Mr. and Mrs. Muyangana. And with all honesty and humility, there are few among Barotse activists who can truthfully tell the Muyangana story better than the writer who lived and worked with them from the very beginning of their activism. In them, we lost a man and a woman who sacrificed themselves, their family and all their resources for the realization of Barotseland’s statehood.
The Muyanganas joined the struggle at a point when hope was almost gone. This was after all Barotseland Freedom Movement (BFM) activists had decided to call it quits following the Barotse Royal Establishment (BRE)’s attempt to under-mine our objective of liberating Barotseland. Much to our displeasure, the Establishment had directed us to “work with” some Lusaka based activists who had been secretly advocating for the restoration of the Barotseland Agreement 1964 in an exclusive manner and only turned to the masses when signatures for futile petitions to the Zambian authorities were needed. It was during this period that the writer took it upon himself to go around Mungu, teaching and sensitizing those he could about the BA’64 and the implications of its unjust termination by the Zambian government in 1969. Among those who showed keen interest in the issue was the late Mrs. Grace Muyangana who in turn quickly informed her equally keen husband. Through this couple, BFM was able to re-group and introduce the struggle to the masses in a broader sense. We always believed that the Barotseland issue belonged to all Lozi people regardless of their position in society; the rich, the poor, the illiterate and the so called literate, the young and the old. It was not long before there were run-ins with the unjust Zambian police who initially refused to grant us permission to peacefully march to Limulunga Royal Village on 9th August 2010 and furthermore declined our request to hold a consultative meeting at Blue Gums Ground on 23rd October 2010. This was after the defunct National Constitutional Conference (NCC) had thrown out Barotseland’s submission to the then proposed Zambian constitution. Linyungandambo also came up around the same time and together we found common working ground. Our collaboration led to the unfortunate 14th January 2011 massacres and unjustified arrests. During 2010 and 2011, Mr. Muyangana suffered two harsh arrests while his wife endured one. At one point Grace had to go and live in the bush with her children, just to avoid arrest.
When Zambian general elections came about in September 2011, we saw that as an opportunity to get back at our persecutors. Although we could not entirely trust the Patriotic Front, we had, however, hoped that it wins the polls. The plan worked well in that we eventually found some much needed respite from Zambian attacks and further gained irreversible and priceless advances in our struggle. These were the unconditional release of all Barotse activists, the Roger Chongwe Commission of Inquiry (whose report remains a well kept secret), the historic Zambian State House meeting with the late President Michael Sata on 28th December 2011 which essentially resulted into the much more historical Barotse National Council Conference of March 2012. This was where Barotseland was unanimously declared independent of Zambia; a position that cannot and shall not be reversed.
There is no way how we could have got this far without the Muyanganas, given pre-BFM/Linyungandambo days when a few Lusaka individuals masquerading as Barotse activists schemed an exclusive elitist agenda that kept the so-called “semi-illiterates” out. Unlike these Lusaka boot-licker activists, the Muyanganas had bravely and uncompromisingly subscribed to the immediate independence; an ideal they both lived and died for. They are survived by children and grand children who now are the responsibility of all freedom believing Lozi people and friends of our struggle the world over.
Our sorrow is deep indeed. We never knew that after traveling for so long and so far together we would, today, have comrades of the Muyanganas’ and Mwangelwa’s caliber missing among us. However, we are assured of the fact that no position is left vacant in our ranks. Every spear that falls to the ground is quickly picked up by new and more zealous activists. Not even Honorable Afumba Mombotwa’s spear is buried in the sand. Our day of celebration is near. We may not get there together. But as a people and as a nation, we shall soon get there with joy. When we finally get home, we shall remember all our fallen heroes who fell in battle for our independence.
May their souls rest in eternal peace.
Shuwanga Shuwanga, BFM