The Nkoya Royal Establishment of Kaoma in western province says it has been denied justice in a matter in which it sued the Barotse Royal Establishment (BRE) 14 years ago.
In a written submission to the Legal and Justice Sector Reforms Commission public sitting in Kaoma, Ngambela Mwanashihemi noted that the popular saying that justice delayed is justice denied does not have any impact in the Zambian legal system.
“We say so because of our own experience, we took Barotse Royal Establishment (BRE) to court in 2000, to date the case has not even appeared for hearing”, said Ngambela Mwanashihemi.
And Ngambela Mwanashihemi, who represented His Royal Highness Mwene Mutondo of Lukena Palace also submitted that local courts must be managed by indigenous people in their respective districts with the exception of towns.
“Our experience has seen that Traditional courts have experience and authority over customary land, however, we note that some local courts presiding justices make judgments on matters of land and tradition when they do not understand the local tradition and culture”, said Ngambela Mwanashihemi.
The Nkoya Royal Establishment further submitted that while the Constitution of Zambia is very clear and empowers all tribes in Zambia the right to practice their culture and tradition, the Nkoyas contend that they are not part of the Lozi ethnic group and cannot be made accountable to the Litunga.
“Though the Chiefs Act is clear about the powers of the Litunga on BRE chiefs as their senior on matters of tradition and culture, the interpretation of the Act by successive governments contravenes the grand norm of the land, the Zambian Constitution”, submitted the Ngambela.
Ngambela Mwanashihemi urged the State to urgently correct the anomaly and pointed out that the people of western province now live in a divided region arising from the Barotseland Agreement of 1964.
“There are those who question Lusaka as to whether it is in order to have a lopsided agreement ignored completely by one partner”, he said.
Ngambela Mwanashihemi also submitted that the State’s inability to address the traditional conflicts in Kaoma, Nkeyema and Luampa districts is destabilising the affected districts.
He said the Nkoya Royal Establishment sued the BRE at Naliele in order to curb anarchy emanating from land and tradition and consequently obtained judgments in their favour including that of the Lands Tribunal of 2014.
“To our dismay, Barotse Royal Establishment at Naliele Palace still continue to keep parallel structures in Mwene Mutondo’s Chiefdom and are still illegally selling land”, said the Ngambela.
He said the situation had resulted in serious legal and social concerns which are promoting unnecessary tension in Kaoma, Nkeyema and Luampa districts.
I like this very much. It shows that Zambia is one and all know that we can use proper Chanel’s to be heard. One Zambia one nation. As it stands this shows maturity and self determination by all Zambians even Kaomans.
mutondo, who recommended your throne to be recognized by the zambian government.
your grandfather, litunga who signed the BA64, must be moving in his grave because of your behavior.
invest in unity, not anarchy, then u can be respected by all.
there has never been a Nkoya Royal establishment! never. What exists is the Barotse royal establishment on which Chief mutondo is a member. This is rebellion which will only harm the poor people of kaoma, as kaoma do not belong to nkoyas, just as mongu do not belong to kwangwas alone.
Chief mutondo is lost in this one and we will not support him.
The Litunga’s decision is final and the Zambian government knows that fact. I pity Chief Mutondo. The Litunga (King) of Barotseland is the kaongolo ka Nyambe. The Barotseland Agreement 1964 will bring anarchy if not handled diplomatically and time has come to face facts. Why leave in denial?
The clock is ticking for the worst.
Tukongote Litunga Ni Lyetu.
Mtondo has a split mind. He denounces the BRE with onecorner of his mouth while talking good of it when he acknowledges that it is and can be relied on when administering traditional affairs in Barosteland which includes Kaoma. So where is position ?
You see, law is very important, you may warp for 14 years in court but need a law on which to base warning.
Sounds like the Nkoyas have re-written their own history now they have experienced refuge from the foreign lands from whence they ran under persecution seeking safety and even experiencing royal inter marriage…
This is a case of local colonization by one tribe over the other whose chains must be broken to restore dignity for self determination by the Nkoya’s just as Northern Rhodesia broke away from colonial bondage!
The Zambian Costitution has let the Nkoya people of Kaoma down. Justice delayed is Justice denied. How can a case not be heard for 14 years? This is injustice of the highest order and should be a shame to Zambians to allow such injustice to go unnoticed.
If the Zambian justice system can not effectively with this case then it needs to be registered with the African Union and the International Criminal Court(ICC).
Crimes are being committed by those who hide behind the Barotseland Agreement.
We will not rest until we get Justice.
Fellow Nkoyas, let us move forward. BRE is a unifying factor. BRE has transformed itself to a very accomodating establishment. Out of the34 tribes in western province it is only us nkoyas who have continuously talked ill of the BRE. Nkoyas are even closer by blood to the Litunga’s family than other tribes. We are just embarrassing ourselves as westerners. How many chiefs are we going to havr in tjis country?
We talk ill of the BRE because they continue to comit crimes against humanity and the Zambian Justice system is not doing anything about it.
How can a case not be heard for 14 years?
There is justice in this world and we are going to get it.
If the Zambian government can not handle this domestic issue then it has to be taken to the international community until we get a just and fair conclusion to this matter.
We have faith in the justice system of Zambia but 14 years is too much time to wait for a case to be heard while crimes continue to be committed.
Things can not carry on like this.
Let the case be taken to ICC.