BAROTSELAND’S NATIONALIST GUIDE
Building a Stronger Barotseland
First issued in 2010
This document is intended to provide a frame work, which will enable all Barotse citizens, to visualize and come to terms with their Country, Nation and Statehood. Moreover the document is not rigid, but subject to some alterations. It only serves as a reminiscent of the Barotse constitution and laws.
It has been prepared with the realization of or taking into consideration the international covenants on people's rights to determine their Social, Political and Cultural Development.
His Majesty The Litunga LUBOSI IMWIKO II, King of Barotseland
Monarchy can be classified as:
(a) Absolute Monarchy
(b) Constitutional Democratic Monarchy
Monarchy means rule by one man (early meaning of the term) but later implied rule by a King or Queen.
Our aim thus is to have a Constitutional monarchy based on the Legislative System of the United Kingdom, where the majority rule by parliament.
It is important to realize that we cannot enjoy the fruits of liberty with a Constitution which is not suitable for Barotseland and its people. So there will be an elected Parliament, and the Government of the country. The post of the Minyolui and Prime Minister shall forever belong to the common people.
Whether the Minyolui has to be elected 'or nominated by the Litunga, the people shall decide.
The function of the prime Minister: he shall be leader of the Government business in National Assembly and shall coordinate the work of cabinet and shall liase with the Litunga King for guidance in certain areas.
The elected Prime Minister shall be the Head of the Government where as the Minyolui shall be head of the Monarchy, in this case he shall have the status of the Lord Chancellor and leader of the National Council.
The issue of the Minyolui being Prime Minister is debatable if he becomes premier then he shall be elected by people. Where the Minyolui serves as prime Minister, the Head of National Council shall be Natamoyo. There will be a deputy Prime Minister, elected; either; from the Royal family or the commoner can qualify for the post. It is the Prime Minister who shall be empowered to appoint Cabinet (Ministers).
GUIDE TO BAROTSELAND’S RESTORATION TO STATEHOOD
The Government of Barotseland shall be composed of:
i) Legislative Branch
ii) Executive Branch
iii) And the Judicial Branch
Each branch shall be independent of the other, for the sake of ensuring separation of powers.
1. LEGISLATIVE ORGAN
Two chamber system for Barotseland
i) House of Lords = (Mulonga) and
ii) House of Commons (MPs) = House of Numwana
Laws made by Parliament shall be passed by House of Lords and House of Commons referred to above; these laws shall be assented to by "Ngocana or Mbum'wa Litunga"
CUSTOMARY LAW AND THE LAW OF ANTIQUITY
The Customary Laws in force, in Barotseland, shall remain valid so long they are not inconsistent with morality
2. CENTRAL GOVERNMENT
i) Sovereign Leader: the Ngocana shall be the Ceremonial Head of State.
ii) The Cabinet: The Cabinet is the Policy making body of the Government (Administration)
All Ministers are of Cabinet Rank.
There shall be a National Council, which shall have the powers and functions according to common law of Barotseland.
3. JUDICIAL ORGAN
It shall be responsible for interpretation of the law; and dispense justice.
a) Law shall be classified as codified law and common or customary law. The administration of justice, that suits Barotseland shall be:-
i) The contemporary standard of judicature, to deal with criminal pleas and appeals
ii) The Traditional Courts; to deal with Civil and Marital cases. The Court of last resort from which there is no appeal in land tribunal matters is the King's bench (Common law)
b) The issue of Royal Amnesty, where the King pardons capital offenders shall be left to the Constituent Assembly to decide
The Ngocana shall have Immunities and Privileges for protection from Prosecution as per law. Similarly all Lord Prince (ss) shall have immunities from prosecution.
NB: High Court = will be highest court in criminal cases
Sikalo = will be highest in land tribunal, in this regard the Judicial committee of the Privy Council shall be court of appeal in land matters.
Judges in all Courts shall earn a Salary. All Courts whether regional or Silalo shall be manned by Police Officer.
It is essential that judges operating with autonomy to deal with criminal cases in modern judicial system according to penal codes and international standards is given thought.
The status of the "Saa - Sikalo Kuta", shall be reviewed in relation to High Court because of certain offences relating to murder, rape, deportation, etc.
We shall have consuls: Agents appointed to watch over the commercial interests of the state or its Nationals in Foreign Countries.
N.B: Regional Traditional Authority and County Traditional Authority both shall have Nyangela house, to differentiate it from Kuta. There shall be Traditional Judicial Tribunal in Likiliti and Lilalo.
It shall be the duty of all individuals to promote Nationalism, however, xenophobic shall not be allowed.
RE-ESTABLISHMENT OF GOVERNMENT IN BAROTSELAND
THE LAND OF OUR FOREFATHERS
POSITIONS OF AUTHORITY
OTHER NATIONAL AUTHORITY
iii) The Lord Prince (ss)
iv) Territorial Chiefs
v) The Village Headmen
i) The Prime Minister
ii) The Cabinet
iii) The Chief Justice
v) The Members of Parliament
Their roles to be well defined.
B There will be a central government in the country that will ensure real devolution of powers. There will be local administration.
C The time-old Barotse system of having the Kuta, i.e. court, serving as the executive, the legislature and the judiciary concurrently shall be reformed in order to have separation of powers.
D. Sovereignty in Barotseland belongs to the people of Barotseland and not to the ruler.
E. Habitation: The people shall continue living in Minzi, Silalanda, Silalo, Sikilili and townships.
F. The people of Barotseland shall decide their own constitution
G. The system of governance that blends the traditional pattern with modernisation is vital for Barotseland in this age
H. Village headmen shall be allowed to make by-laws in their respective lilalanda and uphold customary law.
I. The National Administration shall be revisited to the satisfaction of the majority citizens of Barotseland in the course of time.
J. The system that brings government closer to the people in villages, counties and districts is our cherished ideal.
K. The title "Royal Establishment" will be replaced by the more meaningful and appropriate title of "Royal Authority (RAB) or BARA)"
L. We can have stability and viability and be respected if our political system is to be accepted. However, this does not imply that we have to copy things, systems and values that are alien and foreign to us.
M. What would be of importance to us is not only necessarily majority rule but integrity and morality
N. Indigenous concepts of government have been ignored in favour of Western concepts in Africa; hence there has been perpetual instability because of systems lacking originality
O. Politicians in Africa think that constitutions are copied or impositions from outside Africa; that portrays the desire to live other people's lives rather than yours
P. Modernisation of administration, finance and economy are/is imperative and must be attained in Barotseland
Q. HOUSE OF CHIEFS - The scenario where some chiefs are selected and recognised, while others become spectators is most absurd.
R. The will be no Ministry of Lands to deal with land of Barotseland.
S. Land in Barotseland cannot be owned according to the English Law.
T. We do not want customary land laws that are void.
U. In England, land is vested in the Crown. In Barotseland, land is indissolubly vested in the Litungaship.
V. Investors will be allowed to run business, however only, serious investors substantial capital will be allowed. Petty business will not be accepted.
W. We prefer wealth generators to wealth plunderers.
X. We love wealth management not wealth robbers or economic mismanagement.
Y. Ours shall be the rule of law; where the law would be of prime importance rather than democracy of crooks.
Z. No civil servant will become unemployed during the re-organisation or transition period except by choice. Employment will be a right to all and no potential labour force shall be idle.
PLANNING THE ADMINISTRATION OF BAROTSELAND
1. The best local government system suited for Barotseland is that which is compatible with the subdivisions characteristic of our country consisting of counties namely, Lilalanda za Bulozi.
2. Instead of local government, it shall be called local administration.
3. In each county, there will be an Administrative Secretary as an eye of the government.
4. There will be a Katengo, viz; Council, and the elected members of Katengo in each region or district, the number of which shall be determined by the National Council
5. The Katengo shall be the voice of the villagers, lilalo or precisely citizens.
6. The will be Katengo house in every region
7. The members of the Katengo shall be called Counsellors, i.e. functional name, NB. Councillor means member of a council which does not denote any role or function
8. The local authority of each county, namely; Silalo is the chief.
9. The local administrative secretary work hand in hand or cooperate with the Area Chief, though quite independent of each other. The local administrative secretary falls under government while Katengo members (counsellors) fall under Muleneñi.
10. We cannot render our chiefs irrelevant in preference to monetary ideologies.
11. Our community starts from a village to a city. So for an orderly and decent community laws should begin from a village, inter alia common laws.
The Katengo shall be established in terms of Act of Parliament in order to regulate and harmonise the control and usage of communal land. The Katengo shall plan burial sites.
Remuneration and allowances of members of the regional or local authorities and Katengo shall be determined by Parliament and the allowances due come through the commissioner's office. Chiefs shall receive their allowances from the same office.
The national Conference shall be held at Nyangela House to be built at Namuso.
NB: The administration of an Area Chief in his jurisdiction is what is considered as local government, the Silalo-Kuta is the local seat of administration.
The Administration of the Senior chief covers the district and the Kuta is the seat of administration.
The Lord Prince(ss) and the Chiefs shall be the royal authority. They shall receive and determine cases over land matters, they are entrusted with social security of the people. The provision of land falls under their jurisdiction, which inevitably forms part of positive development.
The Chiefs (Indunas) shall help in tribunal duties and assist maintain orderliness in society as well as socialisation of young ones.
NB: Prae Posited (one put in front) a person in authority should be respected.
NB: Senior Chiefs to be replaced Lord Prince(ss)
Rt Hon Mwangelwa
Clerk of the Executive Council
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