Government in waiting of
Barotseland
Kingdom of Barotseland, Central Austral Africa
Linyungandambo, Tukongote Litunga In Lyetu
Barotseland Declaratory Statement
Liberty of Barotseland
1. Fellow countrymen and women, compatriots and foreigners, 2012 marks the
end of colonisation for our country and indeed the beginning of liberty for
the Nation and People of Barotseland.
2. Surely our history, norms and values clearly testifies that we are one of
the oldest African Nations, though we have been victims of subjugation and
domination.
However, in accordance with the International bill of Human Rights, we are
obliged, as a people, to determine the destiny of our Country and Nation.
3. Fellow compatriots, there is no justifiable reason to subject the Barotse
nation to another fellow African country.
Antecedent
4. Barotseland is a geo-African country, state and Nation that has been so
named and recognised as such. In this respect those falling short of
knowledge can visit archives of the countries of the supper powers for
confirmation.
5. Barotseland was a British protectorate during 1890-1964; and a
protectorate by British standard of laws, is an area the soil of which does
not belong to the crown but the foreign relations of which are subject to
its control based on agreement by treaty, grant or capitulation; etc.
6. By 1964, those whites who protected Barotseland left; so the principle of
postliminium was expected to apply to the territory of Barotseland, but
instead the British crown colony of Northern Rhodesia and Barotseland was
made to enter into Agreement witnessed by the British Government.
7. The Agreement took the place of the treaties between Barotseland and
Britain.
N.B. Parties to the Barotseland Agreement of 1964 were the Northern Rhodesia
government and Barotseland.
8. To spice it all; it is essential to realize, that the requisites of an
agreement are two or more persons, a distinct intention common to both,
known to both, referring to legal relations and affecting the parties.
9. The whole purpose of the Barotseland Agreement of 1964 was to provide for
the autonomy and Self-Determination of Barotseland when the Northern
Rhodesia colony was to become independent Zambia.
10. On the contrary the said Agreement did not enter into force hence,
instead of independence or self-determination, Barotseland was down trodden
and subjugated to the Zambian government.
11. Now that the Zambian government inherited all the obligations of the
British Government over Barotseland at Zambia’s establishment, and by the
fact that the Barotseland Agreement took the place of the treaties between
Barotseland and
Britain, it follows that the Zambian Government then becomes a
quasi-protector or coloniser, certainly if you inherit obligations of the
coloniser you automatically become one!
One Zambia One Nation
12. The school of thought of the simple minded believe that the purpose of
the Agreement of 1964, was to make a unitary state of Zambia out of Northern
Rhodesia and Barotseland in 1964, this notion is misleading and is a weak
reasoning that can never be accepted, since.
13. The law of Agreements states that; “in convetion bus contrahentium
volutas potius quam verba spectari placuit viz in construing agreements the
intention of the parties rather than words actually used should be
considered; and since Barotseland Agreement is taken into the light of a
treaty; the law of treaties states that, the Agreement that has not entered
into force is not legally binding; besides no treaty can change the
character of the assentor. So Barotseland was to remain the same.
14. That the Agreement was not Ex aequo et bono, entered into by the Zambian
Government is evident, considering Mr. Kaunda`s deceitful acts.
Any suggestion that Barotseland merged with Zambia in 1964, is a rebuttable
presumption.
Arguing on the preamble
15. It was not in the spirit and intent of the act of law as shown by the
Preamble of the 1964-1965 constitution, to establish a unitary state of
Zambia comprising Barotseland .It is quite evident that the amendment to the
Preamble in 1996 to read “unitary” was done with intent to possess and
occupy Barotseland as a resnullis (ownerless thing) otherwise why was the
preamble changed?
16. Furthermore one is confronted with a question such as, did Barotseland
become part of Zambia in 1996? However, we appreciate the legal norm; ‘Omnia
praesumuntur legitime facta donec probetur in contrarium” viz, All things
are presumed to have been legitimately done until the contrary has been
proved.
Collorary, we view One Zambia one Nation as a baseless slogan considering
that legal axiom states as follows: “quod contra legam fit pro infecto
habetur” viz, what is done contrary to law is deemed not to have been done
at all. Therefore to argue that Zambia was a unitary state at its
establishment is to parade one’s folly. Omitted in the constitution of
Zambia of 1964 is the provision : “The Agreement cited as the Barotseland
Agreement 1964 shall come into force on the day on which northern Rhodesia
together with Barotseland become the independent sovereign Republic of
Zambia” Thus the relation was similar to that of cohabitation.
17. Now that the true position of Barotseland is explicitly shown by the
forgone, We believe that no Barotse National shall conceive deception any
more; and Realising that the principle of ubi jus ibi remedium” viz where
there is a right there is a remedy, we shall have the right to secure
Barotseland.
18. Finally we realize that “restitutio in integrum”; restoration to the
original position; the remedy administered by court of equity in rescinding
a contract or otherwise placing parties in the position they occupied before
entering into a transaction could apply to Barotseland; but since such a
court cannot be found in Zambia; and knowing that Zambia depends on the law
of succession to occupy Barotseland and the Agreement was rescinded by act
of parliament bill No. 5, it is prudent for us to state without hesitation
that Barotseland is from now hence forth declared officially to be an
independent sovereign Kingdom to be governed by her own people!
19. So the strong appeal is made to all Barotse Nationals to cooperate with
the Barotse Government to be put in place soon.
Contact us
Rt Hon Mwangelwa
Clerk of the Executive Council
barotseland.government@gmail.com
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Kingdom of Barotseland, Central Austral Africa, Linyungandambo, Tukongote Litunga In Lyetu