As Linyungandambo, we wish to respond to the Zambian president’s statement that it is only the Litunga who has authority to discuss matters relating to the dead Barotseland Agreement 1964 with the Zambian government.
Our responses to the Zambian president are as follows:
1. Right now discussions over the dead Barotseland agreement 1964 are impossible by the Law of Agreements and Treaties which is the Vienna convention on laws of treaties and agreements; we invoke articles 27, 60 as well as 70 which give guidelines on what must be done when the other party to the treaty or agreement repudiates or unilaterally abrogates any condition of the treaty, so in this case of the Zambian government abrogating the Barotseland Agreement 1964 POSTLIMINIUM doctrine (reverting to the original status) applies to the nation of Barotseland no more no less!! And it is none negotiable.
2. We, the people of Barotseland, on the 26th and 27th of March, 2012 deliberated through the Barotse National Council (BNC), which is the highest policy making organ in the kingdom of Barotseland. This very BNC is the one that endorsed the signing of the Barotseland Agreement 1964, and it is therefore, the same BNC that informed the Zambian government and the international community that the people of Barotseland had finally and equally accepted the unilateral abrogation of the now null and void Barotseland Agreement 1964 by the Zambian government.
3. In Barotseland Kingdom, the Litunga (king) does not enjoy the right of veto like his counterpart, the president of the Republic of Zambia.
4. Every Barotseland national has the LOCUS STANDI due to the legal fact that they are mentioned in the Barotseland Agreement 1964, and we quote the preamble: “ The Litunga on his behalf, his successors, heirs, chiefs and the people of Barotseland…’’ End of quote. This implies that any and every Barotzish has the RIGHT to talk about matters relating to the Barotseland Agreement 1964 which includes the right to SELF – DETERMINATION of the Barotseland Kingdom.
5. Therefore, to state that only the Litunga can talk about the Barotseland agreement 1964 is not only LEGALLY FICTITIOUS but it is also exposing one’s FOLLY.
6. Having analyzed the Zambian president’s remarks and Lubosi Imwiko II’s association with him over the year, we as Linyungandambo, wish to take it that the current Litungaship is implicated in all the massive and illegal arrests of Barotseland freedom fighters, including the 14th January 2011 massacre of Barotseland nationals who sought to peacefully hold the Barotse National Council (BNC) to air their grievances. This is because we do not see any collaborative effort from the Litunga to ensure that Zambia’s ill-treatment of Barotseland nationals is abated if not halted.
7. Finally, we urge all Barotseland nationals NOT TO BE DISTURBED by the Zambian president’s remarks because we shall not let you down but soldier on until Barotseland is totally independent.
8. The Zambian government is aware that it has no authority over Barotseland and that all its activities in Barotseland are illegal, but it is merely conditioning the Barotse minds, so that they may believe and behave like Barotseland is still under Zambia’s control when in fact it is not. It is they, the Zambians, who UNILATERALLY abrogated the agreement which gave their government authority over Barotseland and her people. Consequently, with the 1969 unilateral Zambian abrogation and certainly by the 2012 Barotseland acceptance of its abrogation, Zambia no longer has any LEGAL STANDING over Barotseland.
9. Fellow Barotseland nationals, it is time to STAND UP for our rights and for Barotseland! If we do not stand up for our country, who will?
10. We believe that Malozi can do today what our forefathers did when confronted with the maKololo subjugation. Then, King (Litunga) Sipopa led the revolution and conquered the Kololo rule.
Lineki! Lineki! Barotseland!
Signed:
Rt.Hon. Mbaimbai Kwibisa
Acting National Coordinator – Linyungandambo.