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.
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.
Rt Hon Mwangelwa
Clerk of the Executive Council
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Kingdom of Barotseland, Central Austral Africa, Linyungandambo, Tukongote Litunga In Lyetu