Foundation Document
Constitution of Barotseland

BAROTSELAND'S EMANCIPATION

ACT

AND RESTORATION ORDER

2012

PREAMBLE

Knowing that: Barotseland is a nation that has been in existence for over five (5) centuries;
Acknowledging that: Barotseland was a British Protectorate that was not conquered;
Considering that: Barotseland is currently under the subjugation of another country;
Appreciating: the principle of equal rights and self- determination of peoples;
Being aware: that all armed action or repressive measures of all kinds directed against dependent peoples shall cease in order to enable them to exercise their right to complete independence and integrity of their National territory as per UN resolution 1514(XV);
And realizing that: Nations have inalienable right to uphold, protect and defend their sovereignty’s.

We the People of Barotseland as a Nation find it human to exercise our right to Self- Rule, guard our nation and exercise sovereignty; and do here by adopt this order as part of the laws of the Kingdom of Barotseland during transition.


BAROTSELAND'S EMANCIPATION AND RESTORATION ORDER 2012


PART I

article 1.1 Re-establishment of a Kingdom

(i) Barotseland is hereby restored as a Sovereign, Constitutional Monarchy State, governed according to the principles of justice, human rights and democracy.

(ii) The people are supreme, and shall exercise power in accordance with Institutions legitimately and democratically established and through a referendum when need arises.

(iii) The main bodies of the state shall be the Executive, Legislature and Judiciary.

article 1.2 Identification of the territory and its frontiers

The National territory of the Kingdom of Barotseland in the meantime shall consist of the whole territory of Barotseland as it were from 1900 to 1947, Without taking areas that were Regarded as her subject or dependent territories into consideration; that is its Eastern boundaries shall stretch from Itezhi-Tezhi to the conf1uence of river Chiababi with Zambezi (longitude 26 degrees East) and Northern boundaries shall stretch from the confluence of Lufupa river with river Kafue, Westwards to the Lungwebungu river, (longitude 22 degrees East) The boundary on the west shall start from Lungwebungu river Latitude 13 degrees 28 minutes South) then Southward to Cuando river, down to the confluence of Cuando with river Luiana extending to Katima Mulilo Rapids, running along the Zambezi, Eastward to its confluence with river Chiababi (longitude 26 degrees East). But later to be re-defined.

article 1.3 Symbols of Nationhood

(i) Barotseland shall retain its National Anthem

(ii) Barotseland shall continue using her National language {Lingua France}

  1. The Kingdom shall have a National Flag and a Coat of Arms

  2. The Kingdom shall have its own National Seal.

PART II

article 2.1 Citizenship

(i) A person who Uluyi Empire or Barotseland Protectorate was a native country of his forefathers shall become a Citizen of Barotseland after date--8th --Month--SEPTEMBER--year--2011--

(ii) Any person born in Royal Barotseland or former illegally occupied territory proclaimed Western Province by the Zambian Government, shall be a citizen of Barotseland, provided the parents of such a person were or are nationals of Barotseland in accordance with Sub-Section (2.1(i))

(iii) Any person born outside the Kingdom of Barotseland or the former Proclaimed Western Province by Zambia shall be a citizen of Barotseland Kingdom, provided confirmation is made from both the headmen of the paternal and maternal side to the effect that both or one of the parents of the claimant were Barotzish nationals by descent.

(iv) Any person who, one of his or her parents is not a Barotzish national by descent, shall become a citizen by application and, such a person shall be required to renounce the nationality of the other parent.

(v) Any person born in Barotseland Kingdom or former proclaimed Western province, whose parents are not Barotzish nationals by descent shall be deemed as an alien or a foreigner; and such a person shall only become a citizen after making application, in accordance with the Provisions made by the Barotzish Parliament; nonetheless, no person shall qualify for citizenship by application if he or she is below the age of 21 years.

(vi) An immigrant married to a Barotzish national shall apply for citizenship in accordance with the Provisions made by Parliament; however, no person shall be eligible for application if he has not resided or lived in Barotseland for more than 5 years.

(vii) Any person whose parents have become citizens by application shall automatically become a citizen by birth, and registration.

(viii) In same cases Persons from some Specific nationalities (list to be published yearly) shall be eligible for Barotzish citizenship upon renunciation of the status and citizenry of their respective status or nations.

(ix) Citizenship shall be lost by people who declare or renounce their Barotzish citizenry by voluntarily signing declaration to that effect or by legislation, providing for the loss by Barotzish nationals who have acquired citizenship of other country.

(x) No dual citizenship shall ever be allowed.

PART III

article 3.1 Revocation of foreign authority

(i) Where under any ordinance, Act or Law in force in the Barotseland territory, any power, jurisdiction or authority is at the commencement of this order vested in the President of Zambia, such power, jurisdiction or authority shall absolutely terminate on the 8th day. September 2011 restoration.

(ii) No title of President or Paramount Chief shall be recognised as official in Barotseland Kingdom.

article 3.2 Powers of president and other officers

(i) Where under any proclamation or Law in force in the Barotseland territory, any power, jurisdiction or authority is at the commencement of this order exercised by the President, similar or analogous power, jurisdiction or authority shall be exercised by the Administrator General during transition.

(ii) Where under any Act or Law in force in Barotseland territory, any power, jurisdiction or authority is at the commencement of this order exercised by an officer other than the President, such power, jurisdiction or authority shall continue to be exercised by such officer until the Provision shall lawfully be made with regard there to. Nonetheless this Provision does not apply to Political posts or appointment.

article 3.3 Public officers

(i) All persons in public service within the illegally occupied territory named Western Province by Zambians at the commencement of this order shall become public officers in the Royal Barotseland and shall continue in full enjoyment of their existing rights.

PART IV

article 4.1 Head of State

(i) The “Ngocana Molyetu” - King - shall forever be the Head of State.

article 4.2 Powers reserved to the Ngocana and his heirs

(i) The Ngocana is the repository of all land, and it is through him that one may or can indissolubly acquire land in Barotseland according to custom.

(ii) The Ngocana and his Privy Council may be consulted from time to time in case there is something they consider important for the smooth running of the country.

PART V

article 5.1 The Constituent Assembly

(i) To uphold and respect the will of the people, the Constituent Assembly mandated by the majority shall be instituted.

(ii) The Constituent Assembly shall be converted into Parliament and shall constitute the first National Assembly of the Royal Barotseland during transition; and shall be empowered to make laws which shall be necessary and proper for carrying into execution the foregoing powers and other powers vested in the Government of Barotseland or any department or officers thereof.

(iii) The Constituent Assembly shall be empowered to:-

(a) Fix the standard of weights and measures, coin money and regulate the value thereof.

(b) To provide for the punishment of counterfeiting the securities and legitimate coins or currency of the Kingdom of Barotseland.

(c) Agree to the ratification of or accession to International Agreements.

(d) Initiate or approve referendum on matters of National concern.

(e) Approve National budgets.

PART VI

article 6.1 The Administrator General

(i) The Administrator General shall be elected by the Nationalists prior to the election of the Prime Minister

(ii) Before the Administrator General enters on the execution of his office he/she shall take the oath or affirmation prescribed for the purpose.

(iii) On the day of restoration, the Judge designate or the Commissioner for Oath shall administer to the Administrator General the oath prescribed in the Appendix.

article 6.2 Powers of Administrator General

(i) Upon assuming office the Administrator General shall have all the powers, functions and duties of the executive and shall enjoy the rights and immunities from civil suit save where the civil proceedings pertain to an act done in his or her official capacity

(ii) The Administrator General shall appoint Ambassadors, High Commissioners, Public Ministers, Consuls, and Judges of Supreme Court and shall receive commissioned officers and ambassadors during transition.

(iii) The Administrator General shall be the Commander in Chief of the Army in Barotseland during transition.

(iv) The Administrator General shall in execution of his duties be obliged to act in consultation with his Cabinet and the Ngocana’s Privy Council.

article 6.3 Removal from office

(i) The Administrator General, Vice Administrator and all Civil Officers of Barotseland shall be removed from office on impeachment for conviction of Treason, bribery, Corruption or other high crimes respectively

(ii) No person except a natural born citizen of Barotseland at the time of adoption of this order shall be eligible to the office of Administrator General; and to qualify she or he must attain the age of 35 years.

article 6.4 The Minyolui

(a) The Minyolui (Lord Chancellor) shall be the leader of the Privy Council and

(b) He shall be elected by the Barotse National Council.

(c) The post of the Lord Chancellor shall forever belong to the commoners.

PART VII

article 7.1 The Government

(i) The Administrator General shall be the Head of Government of Royal Barotseland and exclusive powers shall vest in him and his Cabinet during transition,

(ii) The executive, the judicial and other officers are bound by oath or affirmation to support this order and thereafter the Constitution of the Kingdom of Barotseland,

(iii) The Administrator shall administer to the First Lord Judge of Barotseland the Oath set out in the Appendix.

article 7.2 Role of Government

(i) The Government shall be empowered to lay and collect Taxes, duties, imports and excise, as well as provide for the common good and defence and general welfare of the Kingdom of Barotseland,

(ii) To borrow money on the credit of Barotseland,

(iii) Government shall be empowered to regulate commerce with foreign Nations, and responsible to invite and deal with foreign investors.

PART VIII

article 8.1 Measuring value of goods and services (currency)

(i) Subject to this order, measuring the value of goods and services shall be done in MUPU and NDO (M N) and the notes and coins, as well as denominations thereof shall be released in the Barotseland Gazette at an appropriate time as shall be approved by National Assembly,

(ii) Notwithstanding anything to the contrary no any other metal save gold and silver coins shall be legal tender in remitting bills of credit and payment of debts

(iii) No person or organization may enter into contract to coin money or produce Bank notes other than the Barotzish Government.

article 8.2 sovereign ownership of natural resources

Land, water, natural resources (animate and Inanimate) within Barotseland, shall forever belong to the Nation and People of Barotseland and shall be utilized to economic development of the country.

PART IX

article 9.1 The Central Bank of Barotseland

(i) The Barotse Native Bank that was looted by the Zambia Government shall be re-established by Act of the Constituent Assembly as the Central Bank of Barotseland which shall be responsible for the control of currency and financial institutions and for the implementation of Government monetary policy.

(ii) The Governing Board of the central Bank shall consist of such members as shall be prescribed by Constituent Assembly.

(iii) No money shall be drawn from the Treasury of the Kingdom of Barotseland but in consequence of appropriation made by law.

(iv) Net produce of all duties and imports or exports by state or income on investments in the country, shall be for the use of the Treasury of the Kingdom of Barotseland.

PART X

article 10.1 Re-establishment of the Police Services

(i) The Barotse Native Police of 23rd May 1900 shall be re-instituted as the Royal Barotseland Police on the day of restoration.

(ii) The Police shall have powers and duties to secure internal security of Barotseland and maintain law and order.

article 10.2 The General Police Commander

(i) There shall be a General Police Commander who shall be appointed by Administrator General.
 


article 10.3 Establishment of the Defence Forces

(i) There shall be a Royal Barotseland Defence Forces, which shall be established by the Constituent Assembly with powers and duties to defend the National Sovereignty of the Kingdom of Barotseland.

(ii) The Administrator General shall be the Commander in Chief during transition.

article 10.4 The Commander of the Defence Forces

There will be a Commander of the Defence Force who shall be appointed by the Administrator General after consultation with the National Assembly.

PART XI

article 11.1 Legal proceedings

(i) Every suit, action, complaint, matter or thing which shall be pending in any Court within the so called Western Province at the commencement of this order may be preceded within such Courts in like manner as if this order had not been passed; but that relies on the nature of the offense.

(ii) The Supreme Court shall be established that shall have the same jurisdiction to hear and determine appeals from Courts in Barotseland as was previously vested in the appellate division of the Supreme Court of Zambia.

(iii) There shall be as many judges of High Court as may from time to time be required.

(iv) Every Judge shall be appointed by letters patent under Public seal of the country by Administrator General and shall hold office during Administrator's pleasure.

(v) Courts Subordinate to the High Court; and Courts of Special jurisdiction may be constituted by or under the provisions of any ordinance as occasion requires.

(vi) The trial of all crimes except in case of impeachment shall be by Jury and such trial shall be held in the state where crimes shall have been committed.

(vii) In civil cases every Court shall be guided by Native Law so far as it is applicable and is not repugnant to natural justice or morality. In all other respects the court shall follow as far as possible the procedure observed internationally in criminal or similar cases.

article 11.2 Appeal to Privy Council

(i) When the amount or value or penalty is maximum in a civil matter, an appeal shall lie to the Judicial Committee of his Magnificence Ngocana’s Privy Council from a Judgment of the Royal Barotseland Court of appeal.

(ii) The Ngocana’s Privy Council shall be the Highest Court of appeal where land tribunal and disputes are concerned. Appeal shall lie to it from the Barotseland High Court.

PART XII

article 12.1 protection of human rights

(i) Immigrant workers who are not Barotzish Nationals and their families shall have right to protection and assistance in the territory during transition period

(ii) Amnesty Period for repatriation shall be 8 months.

  1. All people in Barotseland shall enjoy civil, political, social and cultural rights without interference. Save where limitations provides in accordance with law.
    .
        (iii) Religious Freedom

PART XIII

article 13.1 Land tenure

(i) Land shall be held by Royal Magnificence the Ngocana in council on behalf of the people and in traditional areas; Chiefs shall be perceived to hold land on behalf of the people of Barotseland in all Provinces

(ii) Land residential and trading purposes may be provided by chiefs and granted by the Local Administration Authority.

(iii) No land shall ever be sold or purchased as a matter of Policy.

PART XIV

article 14.1 The Law in force on the day of restoration

(i) Subject to this order, all laws of Zambia which were in force immediately before the day of restoration shall be repealed and declared invalid and unconstitutional; hence, the state shall be guided by common law of Barotseland until the adoption of the Constitution.

(ii) Any power vested by such laws in the Government in any Minister of the Republic of Zambia shall be deemed to vest in the Government of Royal Barotseland or corresponding officer of the Barotzish Government.

For the purpose of this part, the Government of the Republic of Zambia shall be deemed to include the administration of the deputy Minister and District Administrator appointed by the Government of Zambia to administer Barotseland.

PART XV

article 15.1 Obligation

(i) No debts contracted or engagement entered into before the adoption of this order shall be valid against Barotseland after restoration.

(ii) This order and laws of Royal Barotseland which shall be made there after shall form part of the laws of the land; and all treaties made or which shall be made under the authority of Barotzish Government shall be binding upon the Nation.

PART XVI

article 16.1 Customary law and law of antiquity

  1. The Customary Laws in force, in Barotseland can never be abolished by anybody, hence these shall remain valid so long they are not inconsistent with morality

  2. Any Customary or traditional transgression by the Lord Prince shall be heard in tribunal constituting the 6 Domains of the Lingambela of Barotseland, the same applies to any transgression by the Lord Chancellor (Sope).

  3. No organ shall interfere with government institutions. A clear-cut distinction between politics or party organs and civil service is to be maintained.

article 16.2 International law

  1. During transition, the General rules of public safety, International law and Agreements binding upon civilized Nations shall be upheld by Government of Barotseland.

PART XVII

article 17.1 language policy

  1. For security reasons, and to enable state control illegal immigrants and influx of aliens there shall be one National language.

  2. A national language brings strong spirit of Nationalism and unity and easy communication.

  3. A part from a National language, 3 other languages of International communication that helps people acquire scientific knowledge and technical know-how, shall be allowed or approved to form part of school curriculum.

PART XVIII

article 18.1 commencement-enter into force

  1. This order shall enter into force o the day of Restoration/Declaration

  2. Transition period shall not exceed 3 years; and at the end of it election to put in new Government shall take place.

  3. All the Ngocana's officers, civil, military and all other inhabitants of the territory are hereby required and obliged to be obedient, aiding and assisting into the new Barotzish Administration.

 

Contact us

Rt Hon Mwangelwa
Clerk of the Executive Council

barotseland.government@gmail.com


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