Dec 01, 2015

Barotseland: Report on the Four Barotse Activists Trial before Kabwe High Court


On 28 November 2015, Saleya Kwalombota and Lubasi Kalaluka compiled and submitted a comprehensive defence report on the accused Barotseland Provisional Government Leader trial at the Kabwe high court of Zambia. UNPO has been following the case of the four Barotseland independence leaders, Afumba Mombotwa and his three co-accused Sylvester Kalima Inambao, Likando Pelekelo and Paul Masiye, who are being tried before the high court for allegedly spearheading the secession of the Barotseland region from Zambia. 

 

Below is an article published by Barotseland Post:


Date Published: 28th November, 2015

Author:   Legal editor, Barotseland Post

Report Compiled and Submitted By: SALEYA KWALOMBOTA and LUBASI KALALUKA 

Here below is a comprehensive defence report of the accused Barotseland Provisional Government leaders in the Kabwe high court of Zambia on Thursday 26th November, 2015. This case involves four Barotseland independence leaders, Afumba Mombotwa and his three co-accused Sylvester Kalima Inambao, Likando Pelekelo and Paul Masiye Masiyaleti, who are facing treason charges for allegedly spearheading the secession of ‘western province’ from the rest of Zambia.

It is alleged that on unknown dates but between March 2012 and August 2013, the four jointly acting together with unknown people in Mongu, Sioma, Senanga, Livingstone and other places unknown, conspired the secession of ‘Western Province’ from the rest of Zambia.

HIGH COURT PROCEEDINGS

The much anticipated trial of the four Barotseland Independence leaders (viz; His Excellency Right Honourable Kenny Afumba Mombotwa – Administrator General of Barotseland, Right Honourable Likando Pelekelo – Secretary of State for Agriculture, Right Honourable Sylvester Kalima Inambao – Under-Secretary of State for Agriculture and Right Honourable Joseph Masiye Masiyaleti – Under-Secretary of State for Defence) was today 26th November, 2015,  resumed following Tuesday’s adjournment prompted by the defence’s need to have certain videos and documents ready for submission as evidence. The Court Session began around 10:23 hours local time and ended about 13:42 hours with the co-accused each giving part of their story. 

The defence began with Rt. Hon. Afumba testifying to the court as follows (after oath-taking and the reading of the charge).

Aged 58 and a Limulunga Royal Capital resident, Mr. Afumba told the court that his occupation is “leader of Linyungandambo Movement!” And asked as to what Linyungandambo really is, he said that “Linyungandambo is a network of people worldwide who love Barotseland and who believe in truth and fairness, and are not allies with hypocrites!”

AFUMBA: We are appearing here before this honourable court not because of any offence committed against Zambia, but on account of Barotseland our Country. And this court must know that there is nothing wrong we did against Zambia because whatever we have been doing is for our country Barotseland and its people.

First of all, I wish to say that the issue before this court is a Political, Human Rights and Legal issue. Political and Human Rights because it talks about issues of people’s Independence and Liberty supported by International Charters and Conventions, and Legal because it centres on an Agreement that was signed by two formerly separate nations of Barotseland and Northern Rhodesia.

There is a Cabinet circular number 82 of 1964, dated 18th July, 1964 in which Secretary to Cabinet, Mr. I.M. Eldridge, was warning all those who would take positions in government that the relationship of Barotseland with Britain was guided by Agreement and that the same must be applied to Zambia. It so happened that Barotseland was betrayed.

(He was interrupted by the honourable Judge to the effect that he should restrict himself to the issue before the court: between 12th March, 2012 and 30th August, 2013 and that he should not bore the court with history from 1964. NB: These interruptions continued throughout Mr. Afumba’s testimony).

AFUMBA: My lord, there is no way I can say anything without mentioning the people because the issue is for the people. However, that realisation led to the proposed meeting of the 14th January, 2011 where people wanted to gather concerning Barotseland but unfortunately that led to the loss of lives of our people.

I wish to begin with the Notion that Barotseland and Northern Rhodesia (Zambia) made one country or Nation.

The truth is that the relation that existed between Barotseland and Britain was to be exactly the same relation between Barotseland and Zambia. This is self-evident from the fact that there was an Agreement between Barotseland and Northern Rhodesia (Zambia) arrived at and concluded at Commonwealth Relations Office in London. No part of Zambia entered into Agreement with Zambia.

To read the full report, please download the document attached to this article.