News Editor, Barotseland Post
The treason case involving 54 Barotse nationals came up for mention on 15th November 2013 in the Lusaka Magistrates court before Magistrate Webster Musukwa.
The truck carrying the accused arrived at the court at 09:33 CAT amid heavy presence of Paramilitary police who were positioned at all the entrances to the gates.
The State went straight to apply for adjournment to 29th November 2013, and stated that they had not received instructions from the DPP to proceed to the High Court for trial because he (DPP) had noticed some policy issues which he has referred to the Attorney General.
Upon hearing this Hon. Sinyinda appeared upset and shook his head in disapproval and attempted to speak but he was stopped by Magistrate Musukwa who explained that the counsel should speak on his behalf.
Hon. Sinyinda then issued instructions to defense Counsel Major Lisimba after which an application was made to have a preliminary inquiry ordered.
“We should place it on record and apply to this honourable court for a preliminary inquiry to be ordered. The accused was arrested way back in September and has made four appearances and there has been no positive action from the state in prosecuting the matter. Under the circumstances your Honour I must make a humble yet firm appeal to this Honourable court to order a preliminary inquiry,” Counsel Lisimba submitted.
He further argued that when the State arrested the accused it simply meant they were ready to proceed with the trial and wondered what was holding the state back from proceeding and charged that it appeared the state was only interested in punishing the accused without trial.
He pointed out that if the State was not ready with the case they shouldn’t have arrested the accused in the first place and demanded for a preliminary inquiry in the interest of justice.
The State on its part submitted that the DPP could not go ahead to issue instructions to proceed to the High Court because there were some policy issues that he has observed and has since referred the matter to the Attorney General and in that view were unable to proceed.
The Defense however argued that the state should have handled those policy issues before making any arrests and stressed that people should not be incarcerated for months because of the States’ administrative failures.
Magistrate Musukwa in passing his ruling said he had noted that the accused was arrested in September 2013 but explained that the application by the defense for a preliminary inquiry could not be heard before his court but should instead be heard before the trial court.
AND Masiye Masialeti, one of the accused who was representing himself, told the court that his stance that he was before a wrong court remains the same. He maintained that he was not a Zambian but a citizen of Barotseland and stressed that whatever was happening to him was illegal.
He said Barotseland was an independent state with a head of state and a constitution endorsed by over 20,000 people and demanded for immediate release.
The state responded that the application should be presented before the trial court and Magistrate Musukwa made the same ruling.
Another accused Muleta Kalaluka also argued that as far as he was concerned he was not a Zambian and demanded for immediate release.
He demanded that President Sata should be brought before the court as a member of Linyungandambo because there was no resignation received from him.
He further demanded that the Roger Chongwe Commission of inquiry report be released for people to read what the people of Barotseland submitted.
He told the court that he was ready to be taken to Mukobeko prison for hanging since the charge carried a death sentence.
Kalaluka proceeded to ‘lecture’ the fully parked court on how two different countries namely Northern Rhodesia and Barotseland formed the state of Zambia through the Barotseland Agreement of 1964, and charged that even Magistrate Musukwa was aware of that fact, but the Magistrate quickly warned Kalaluka not to put words in his mouth.
Kalaluka wondered why the state was handling them like ordinary criminals yet the issue was clearly political. He said the state should offer them the status of political detainees, and charged that the continued occupation of Barotseland by Zambia was illegal, as there was no single chapter in the Zambian constitution that legalizes Barotseland to be a part of Zambia.
Kalaluka said that the policy issues that the state was now referring to is the same Barotseland Agreement of 1964.
And there were emotional reactions outside the court as one of the accused who is physically challenged, Mukumbuta Akakandelwa broke down and wept as he was walking to the holding cell. After walking a distance he told the Police Officer escorting him that he was unable to carry on walking. At this point this reporter asked some sympathetic Lozis nearby to lift him to the holding cell.
The case is coming up for yet another mention and possible committal to the high court on 29th November 2013.
The ruling on the application for a preliminary inquiry will, however, come up on Monday 18th November 2013 at 08: 30 hours.
In a continued effort to highlight and promote the social cultural and political aspirations of the people of Barotseland, Barotsepost (this publication) has forged a partnership with a locally based and social media magazine Barotse Hiphop and Rnb Magazine (BHRBM). With this partnership our readership will be exposed to the musical arts and culture of Barotseland, detailing the efforts of Barotseland based as well as internationally based artists, who are working hard to produce works of art and entertainment, especially music, so that the Barotseland music, arts and entertainment industry can not only bud but also flourish.
“As a dynamic and growing media platform we hope that we can do our bit to promote the budding but rich arts, cultural, music and entertainment industry of Barotseland.” Said Sibeta Mundia of the Barotsepost editorial team.
This partnership will also mean that works of art and music identified and sourced by BHRBM will also be played and featured on Radio Barotseland (currently internet based) as well as Barotse TV which will launch as soon as possible. Artist profiles, recording studios, cultural groups and all entertainment houses contributing to the growth of the industry in Barotseland will have a chance to be advertised and featured on Barotsepost and all its associated media platforms.
Meanwhile, BHRBM in an article on why Barotseland music industry needed promotion had this to say:
The Music industry in Barotseland.
Entertainment in Barotseland is on the rise with youths showcasing their skills. Those blessed with the talent have realized their duty of feeding their motherland with the entertainment they need rather than relying on Zambia, whose Entertainment Industry has continued to favour mostly two tribes out of many tribes the nation has.
Every Nation need to be entertained, this is why Barotseland has not remained behind as far as art is concerned. The main form of art in Barotseland currently is "Music."
The history of Music in Barotseland can be dated back to the times of Frank Mukanwa, and many legendary artists of the early 21st century when Traditional Musical Bands like Barotse Band came to the scene. Barotse Band is believed to have paved a way for artists such as the now legendary ‘Professor’ Mungunda, Natalui Band, Tuyana Musica and many others.
However, folk music is slowly fading. This is because the new generation has embraced urban music with Hiphop, RnB, and Dance-hall becoming favorite genres. This type of music has continued to receive positive response from different age groups, particularly the youths. Since positive change should always be accepted, it is the duty of every patriotic Barotse citizen to support the movement. Therefore, Barotse Hiphop and Rnb Magazine is making efforts to promote this ‘Mbunga’ music as music promotion still remains a challenge in Barotseland.
Every region in Barotseland has its own music stars, however the following are some of the biggest names in the Industry; Jah Boy from Mongu, Arube from Mongu, Bling Gee from Kaoma, Mumble jumble from Kaoma, Mwali Ginx Senanga, B-boy from Kalabo, Mutumba Libeke from Sesheke as male artists with Females artists like; Kassy Nalu, Lady mooka, Momo Diva, T-girl and City girl all from Mongu and many others.
Producers on the other hand are doing everything possible to bring the best sounds to our motherland. There are some notable big names to the music production sector already with good and creative producers such as; Radikoh of Dollaz Entertainment, Trex Tripo of Foxbark music (Kaoma), Rapid-x of Mega Sounds (Mongu) Prince of Sunrise (Mongu), Young killa of Mbunga Records (Kalabo) Dj wazz of Imac music (Kaoma), Mutumba Libeleki of Aluyana Records( Sesheke) and many more.
Music as art can be used as a unitary tool in Barotseland if much effort is done to promote it. Therefore Barotse Hiphop and Rnb Magazine urge all Barotseland citizens to come on board and help promote Mbunga music.
We, therefore, wish to thank Barotsepost and its team for having identified BHRBM for this partnership. We can only hope and pray that it is a partnership that will bring great joy and happiness to many in Barotseland and beyond.
For more of Mbunga music posts and updates follow Barotse Hihopp and Rnb Magazine on Facebook at: www.facebook.com/barotsemusic
Barotse Hiphop and Rnb Magazine (BHRBM)
The BNFA official web site and the BNFA aligned Social media platform, Barotseland Broadcast Network (BBN), have carried sharp criticism from a senior citizen by the name of Nyambe Sapaya, a Barotse nationalist and a Sinyinda enthusiast, who has directed his fury at incarcerated Barotseland Administrator Hon. Afumba Mombotwa, Linyungandambo liberation movement, Barotse Post (this publication), independent writers Shuwanga Shuwanga and Saleya Kwalombota for what he has termed ‘insults’ against Hon. Sinyinda, leader of the Barotse National Freedom Alliance, BNFA.
We publish here below, his sentiments as published by the BNFA official web site in their March 6, 2015 article;
"KWALOMBOTA AND SHUWANGA TOLD-OFF BY A BAROTSE NATIONALIST" by Nyambe Sapaya, Barotseland Broadcast Network.
Linyungandambo's mission was good but has been lost half way through fighting other freedom fighters using fake accusations. We can’t worship Afumba or Linyungandambo, NEVER! They started well, but poor finishing is awaiting them. Just look at their mouth piece, the Barotse Post, they don’t even report or give others a chance to express their views over Barotseland statehood. Let them come out and stop hiding. Sinyinda’s office is open and what about theirs?
Kanti Saleya Kwalombota kimani (who is Saleya Kwalombota)? Information has it that he is a young man living in comfort in Gaborone, Botswana. He has never shown his face to the Barotse. What has he done to the people of Barotseland or to Barotseland itself? He is a new kid on the block who starts by insulting our integrity. He should know that, we have suffered a lot. We have been arrested, beaten, shot and jailed by the illegal Zambia regime over the issue of Barotseland statehood. I, in particular, lost my family’a nephew and a young brother who died in Zambia jails. Even today, my nephew, Kabayo Kabayo, is still in my heart. It bleeds when I see insults from the likes of Kwalobota. Where was Kwalombota? This man stands and insults us here today. Please stop insulting us.
What does he know about Hon. Clement Sinyinda? Hon. Sinyinda is a man of integrity with a passion for continuing the freedom struggle for Barotseland. Kwalobota and his kind are bitter and jealousy over Sinyinda’s achievements. The so called Royal Barotse government or whatever they call themselves is fake, where are their offices, on the internet or in Windhoek? Let them just know that, we are watching them.
I am disappointed with Shuwanga Shuwanga. Soon after I was introduced to him by a dignified Barotseland national, he is already making outbursts on other Barotse freedom fighters and everyone is wondering if that is indeed how you can achieve independence? Is he in Nakonde or Tanzania from where he keeps on talking ill about Hon. Sinyinda? Jealousy ikamunyokola sha (He will die of jealousy). Please come to your senses. END
We want a united family, co-operation ki mata - BNFA
About the author as published on the BNFA website:
Mr Nyambe Sapaya is a Barotseland freedom fighter arrested twice by the illegal Zambian regime, first on 23rd October 2010 after telling-off then Zambian president, Rupia Banda, then Police Inspector, Francis Kabonde and then Barotseland (Western Province) Zambia Police Commander, Fanwell Siandenge over the Barotseland Agreement of 1964, he together with other Linyungandambo founders, such as Mr Mukubesa Ilukena, Nawa Luyanga, Pastor Nawa Mutakela started their civic education campaign in Barotseland, which shock the Zambian government. Mr Nyambe was arrested for the second time in Limulunga in January 2011 together with the former Ngambela (Prime Minister) of Barotseland, late Maxwell Mututwa, aged 90years at that time.
Mr. Mutungulu Wanga, Deputy Chairman of BNFA Strategy, cannot find an excuse to open unhealed wounds of people who were incarcerated by Zambia in 2013. Those gallant and brave men who stood firm to defend Barotseland in the courts of the enemy deserve respect and not to be castigated in anyway by a genuine Mulozi.
It is an open secret that the whole world stood up to condemn Zambia for arresting those people. Refer to the Secretary of State for America Hon. John Kerry, in the 2013 Human Rights Report on Zambia. Even reasonable Mps in Zambia condemned the arrests of the Barotse people. Surely, if we were to bring one who was arresting them for a live interview on TV to answer questions from the public as to why they arrested Mr. Clement W. Sinyinda, there would be nothing to get from him. The truth will always remain that the state, as it is called, failed completely to prosecute those courageous, patriotic, noble, bold and genuine Barotzis, because they did nothing wrong. Only Mr. Wanga seems to condemn them, and think they are nothing. Let us give credit where it is due!
The unfolding circumstance s in Zambia should be watched keenly, not that Barotseland is in any way interested in participating in the resultant elections or in who will lead Zambia following President Sata’s death but because we are dealing with people who are bent on keeping us within Zambia at all cost.
Despite having resolved to accept Zambia’s abrogation of the Barotseland Agreement 1964, Zambians have continued to act as if all was normal by imposing their administration and even conducting useless by-elections in Barotseland in the recent past.
With Zambia about to hold presidential elections within three months, a clear message must be communicated not only to the Zambian government but to all competing Zambian political parties that we do not need them to campaign in Barotseland as that is tantamount to campaigning in a foreign country.