By Saleya Kwalombota
From the legal point of view what is illegal is the occupation of Barotseland by the state of Zambia and not independence of Barotseland.
It is from this understanding that I am prompted to pen down this article and does not necessarily represent views of any institution or Barotseland independence groups.
Considering that there is no legal bidding for Zambia to govern the nation Monarchy of Barotseland, the Barotseland authority must quickly step in to stop the on-going occupation of Barotseland without fear. The law is on Barotseland’s side and stronger than any weapon. Enough damage to the nation of Barotseland has been caused by the state of Zambia since1969 to date leading the once rich and prosperous nation into abject poverty.
“OMNIA PRAESUMUNTUR LÉGITIME FACT A DONCE PROBETUR IN CONTRARIUM” is a Latin legal sentence that states that ALL THINGS ARE PRESUMED TO HAVE BEEN LEGITIMATELY DONE UNTIL THE CONTRARY IS PROVED. Now that in 1991 through the High court, on behalf of the Republic of Zambia, the then Attorney General, Mwelwa Chibesakunda, clearly accepted that Zambia had terminated the BA’64 unilaterally and emphasized in no ambiguity that the agreement no longer exists, [refer to 1991 High court ruling on http://bnfa.info/]. It remained to Barotseland people to state their position and in 2012, through the BNC, Barotseland stated the way forward as stipulated in the resolution no. 1 of the position statement. [ refer to the 2012 resolutions and letter of notification to the Zambian government on http://bnfa.info/]
A claim that Barotseland does not exist is a direct manifestation of crooked minds of typical Zambian political driven mentality. What does not exist is Zambia as a “unitary state” which is just a claim only stipulated under the constitution of Zambia that can not be proved before any international court! Further, it is an insult to our forefathers and the entire people of Barotseland to allow Zambia govern our monarchy state without legal instruments under the imposed name of Western province!
It is clear that Zambia’s continued governing of Barotseland after the two nations stated their positions amounts to territorial occupation, which is an act of annexation. In line with this realization, the people of Barotseland must resist annexation by forcing Zambia out of the territory by any means since Zambia by nature does not respect the dictates of the law of nations but her own jungle laws.
The existence of the state of Barotseland is not subject to the constitution of Zambia, since the latter is the creation of illegality and not parent to the BA’64 and Zambia independent Act 1964.
Here are irrefutable five facts:
1. The constitution of Zambia of 1964 did not state that the country is a “Unitary State”, but the phrase was inserted in the 1996 constitution by the treacherous government of Zambia under the late FTJ Chiluba (MHSRP). This was after the Zambian government realized the consequences of governing Barotseland as part of it outside legal framework.
2. At establishment of Zambia in 1964, there was no Union Act or confederacy as Zambia failed to ratify the BA’64.
3. Where there is no Union Act or Confederation Act there can be no secession.
4. By law, Barotseland is not part of Zambia, nobody even among crooked Zambian politicians knows as to whether Barotseland is bound to Zambia legally, verbally, by imagination or by the constitution of Zambia!
5. Zambian government rely on limitation Acts to coerce Barotseland. What must be stated to the authority of Zambia is that these limitation Acts can not inhibit the people of Barotseland from exercising their rights enshrined in international conventions like Article 1 of the Universal Declaration of Human Rights (by the United Nations), in Silozi:-
Taba ya 1: “Batu kaufela ba pepilwe inge ba lukuluhile ni liswanelo ze swana. Ba ba ni swanelo ya ku nahana mi ba swanela ku ba ni likezo za buzwale ku mutu yo mung’wi”
Article 1: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”
In conclusion and on a serious note, I would like to state without reservation that Barotseland should role-out an action program in 2019 to systematically set-up parallel governance structures to take control of timber, markets, wildlife and other natural resources, immigration, levy collection from bus stations and Zambian trucks in-route to Namibia and South Africa. Barotseland is not Zambia’s conquered territory to even impose Zambian languages full of insults and abusive connotations on our descent Barotseland travelers at bus stops, a deliberate action should be put in place to stop this rot. People should understand that Barotseland’s right to legislate in her own territory is no subject to the Zambian government. Barotseland is older than Zambia and is not a conquered territory to impose whatever Zambia wants in Barotseland. Finally, the Barotseland Authority working hand in hand with Barotseland pressure groups should take center stage in the coming year 2019 to legislate to take control of the key areas of our social development in line with independence resolutions of the BNC of 2012. Barotseland independence struggle continues.
Bulozi fasi la bondata Luna