27 Linyungandambo Barotse Treason Detainees, apply to have their case at Commonwealth Court

Undeterred by their present circumstances, 27 Linyungandambo treason accused currently incarcerated at Zambia’s Mwembeshi maximum prison without trial, have signed an application requesting the High court of Zambia not to prosecute their case but rather transfer it to what they say “a more competent court,” insisting that they are not Zambian citizens but rather Barotseland nationals.

In a matter that comes up for continued mention at Zambia’s subordinate court in Lusaka on the 15th of November, 2013, the 27 accused insist that not only are they wrongfully and illegally charged with treason but that the court they are forced to appear before has and will have no competence on them, on account that Zambia is both complainant and judge at the same time.

The 27 applicants are among the over 80 Barotseland nationals who were arrested and charged with treason for celebrating the swearing in of Barotseland administrator General and eventual announcement of a provisional Barotseland government on 14th and 15th August 2013 respectively.

30 Barotseland nationals were realized on the 1st November 2013 through a Nolle prosequi for lack of evidence to proceed to trial, while 54 others, including former Barotseland Ngambela (Traditional Prime minister) remain incarcerated pending possible trial in the Zambian High Court, should Zambia’s Director of Public Prosecutor DPP decide to proceed with the controversial case that is widely seen by both local and international observers as unjust

Below is the letter:

We the treason accused people of Barotseland
Mongu, Royal Barotseland

16th October, 2013.

Republic of Zambia
High Court
Mongu/Lusaka

RE: APPLICATION TO TRANSFER THE CASE TO THE COMMON-WEALTH COURT

Since Barotseland Kingdom is a country that has been in existence from the year 1550 and in 1890 the nation of Barotseland signed a protectorate treaty with Great Britain. Great Britain and Barotseland became strong allies and the relationship between the two nations was cordial and it did not make the Kingdom of Barotseland a province of Great Britain and neither did it make Barotzish British citizens.

However, in 1964, Barotseland Kingdom signed a Union treaty called “Barotseland Agreement 1964,” and in 1965 the independence order act of Zambia stated, “Zambia inherits the obligations and rights of Her Majesty the Queen of England over the nation of Barotseland,” which literally meant that the relationship between Britain and Barotseland in 1890 is similar to the relationship between Barotseland Kingdom of Northern Rhodesia of 1964.

Now the questions we learn from the relationship of 1964 are that:

1.    Is there any legal link between Barotseland and Zambia?

2.    How did the nation of Barotseland go into oblivion and extinction with its people?

3.    Did the Barotseland Agreement provide a clause that suggested that Barotzish should become Zambians?

4.    Does the Barotseland Agreement of 1964 provide a clause that suggest that Barotseland should become Western Province of Zambia?

5.    Where does Zambia find its authority to administer Barotseland?

6.    What was the purpose of signing the Barotseland Agreement 1964 other than entering verbal union discussions?

7.    Did the Barotzish citizens renounce their nationality for them to be called Zambians in 1964 or not?

As Barotzish citizens, we demand to have the international law to be used when trying our treason case for the following grounds:

1.    We are hereditary Barotzish citizens from an independent state and kingdom called Barotseland which has been in existence since the year 1550.

2.    Barotseland kingdom is not formally annexed or legally connected to any country.

3.    The Barotseland Agreement was not established to kill the nation of Barotseland, but its main purpose was to safeguard the Barotseland nation and its citizens.

4.    If there is any wrong we the Barotzish citizens may have done, we must be punished by the Barotseland Government and not by Zambia because Zambia has no legal right over Barotseland.

5.    If Zambia complains over the marching and celebrations which were done by the Barotzish citizens in their country when they were celebrating about the swearing-in of His Excellency Rt. Hon. Afumba Mombotwa, the Administrator General of Barotseland, then the case against these individuals must be tried and be heard in an independent court like the Common – Wealth court or International Court of Justice.

CONCLUSION

With the above reasons we demand to have our case be transferred to the Common Wealth court or any independent court in the world because Zambia cannot give a fair judgment as she has interest in the matter. Barotzish citizens will never be Zambians unless by imagination and Barotseland kingdom will never cease to exist as a nation.

We the under signed being members of the Linyungandambo and Barotzish citizens are illegally detained by the Zambian government whose President Michael Chilufya Sata had publicly praised that Linyungandambo has done a good job and everyone should join it, when he was campaigning and he also promised to release Barotseland from the bogus Union of Zambia.

Your favorable consideration to our application will be highly appreciated.

Signed:

  • Masiye Masiyaleti
  • Jacob Mashwelo
  • Michael Mashekwa
  • Hilary Ntoka
  • Mataa Kalomo
  • Timothy Sitali Manyando
  • Mutaba Mutaba
  • Hobby Mulonda Mulonda
  • Amora Matomola Malikiso
  • Mbango Mundia
  • Justine Makuta
  • Royd Lukonga Kumoyo
  • Michael Kazuma
  • Nyambe Nambula
  • Kazambi Mubanga
  • Kaliki Mahombo
  • Mwanamwalye Chombela
  • Tongo Makwele
  • Situmbeko Sitali
  • Bright N. Nyambe
  • Nyambe Kashweka
  • Aubrey Modla
  • Sililo Nyundo
  • Nyundo Sililo
  • D. Nyambe Nyambe Myambe
  • Kalaluka Muleta
  • Mayumbelo Makwazo