Heritage Party (HP) President Brigadier General Godfrey Miyanda has advised Minister of Chiefs and Traditional Affairs, Professor Nkandu Luo, to recuse herself forthwith from matters regarding the Bemba Royal Establishment, particularly the Paramount Chief saga.
In a statement made available to the media , the HP president said further advised Prof Luo and the Government to avoid using official government positions to wage personal or private battles.
Below is the full statement
STATEMENT: OPEN LETTER TO MINISTER OF CHIEFS AND TRADITIONAL AFFAIRS
[Brigadier General Godfrey Miyanda – Heritage Party 12TH JUNE 2014)
The threats and call by Minister of Chiefs and Traditional Affairs, Professor Nkandu Luo, to ‘arrest’ Paramount Chief Chitimukulu Kanyanta Manga II of the Bemba people is uncalled. This latest spat is seems to be personal but is contributing to further divisions in the nation. I advise the Minister, or indeed the Government, to avoid using official government positions to wage personal or private battles. In the statement that I heard on radio the Minister seemed to be personal as she preferred to warn the Paramount Chief by his name, warning him as ‘Chanda Sosala’. This may confirm grapevine information that there is a personal feud raging in this saga. In view of this I urge Honourable Professor Nkandu Luo to recuse herself forthwith from matters regarding the Bemba Royal Establishment, particularly the Paramount Chief saga.
Procedurally the threat lacks the force of law; traditionally the threat demeans the Establishment of Chiefs in general and in particular that of the Bemba Royal Establishment as a whole. This is a poor display of decorum and protocol and an example of how not to govern. It is unproductive for the Government to continually engage publicly in squabbles with any of our chiefs or prospective chiefs when other means of engagement are available.
Under the current Constitution and even under the Chiefs Act, neither the Minister nor the President has powers of installing or removing a chief, as this is and should remain the preserve of the local communities or clans according to their various systems of selection and succession. It is contended that publication in the Government Gazette is a mere administrative function to formalise the decision already taken by the relevant community (in the military we call such publications Part 2 Orders). It is really for purposes of record and order as well as to avail the stipend that Government accords to every chief. In fact we urge that this task should be undertaken by a designated clerk and NOT the President, after all formalities have been carried out.
Should the Police act on the Minister’s illegal directive they may be opening themselves to sanctions. Not so long ago it was reported (I hope it was not true) that 400 armed policemen or paramilitary officers besieged and surrounded the Chitimukulu’s palace without lawful justification but to prevent his installation! They thus detained the Paramount Chief in his own palace while restricting his movement; this is contrary to some parts of Part Three of our Constitution! There was no need even for five. This is what prompted me to issue the statement titled “Abash Undeclared War in Bembaland” on 1st December 2013. It was unbelievable that professional officers could behave in that manner as though an enemy from Mars had landed in Zambia!
By ordering the Police to arrest the Paramount Chief the Minister is attempting to illegally remove him from his throne. This is NOT the procedure for removing one who has been appointed by those who have the authority to appoint; in the case of the Bemba Royal Establishment it is the Bashilubemba, who are expected to follow their customs, practices and tradition. It is NOT for the Minister or the Government to indicate their private or personal feelings. The contending and/or aggrieved parties should be left to ‘fight it out’ traditionally or through the Courts of Law. Instead of threatening the Paramount Chief, the Minister should direct her anger at the Bashilubemba who have confirmed publicly that they followed their tradition and endorsed or appointed him as the Paramount Chief. Any one NOT satisfied has to follow the procedures that the Minister has referred to, that is litigate if they have proper grounds for their grievance.
Lastly I advise the Bemba Royal Establishment to contest the ‘invasion and detention’ of the Paramount Chief in our Courts, even though at the moment we may not have confidence in the judiciary because some of the judges may have been compromised or may have an interest in the Chitimukulu wrangle. It may have been an error of judgement or an oversight for the President to appoint Professor Luo as a Minister for Chiefs Affairs; she is a judge in her own cause. When shall we begin to respect and observe the principal of recusal in this country? It does not only happen in the case of judges but in any undertaking that calls for a just resolution of a dispute. That is why an MP who does not declare interest when debating an issue in the National Assembly opens himself or herself to sanctions when this is discovered; there are precedents both in the Zambian as well as the Commonwealth Parliaments where MPs have been punished, some may have even lost their seats! Why should Ministers not observe this cardinal principle? Abash Undeclared War in Bembaland!
As I stated in a previous statement (titled “Open Letter to Chiefs in Zambia” dated 24th July 2013) I reiterate the call that all chiefs in Zambia should speak out against uncalled for threats and attacks on other chiefs and treat an illegal attack on one chief as an attack on all of them. We thus proudly support His Royal Highness Chief Mukuni for supporting his Royal brother Chitimukulu and expect more chiefs to do so.
I advise the Minister to desist from governing by intimidation and instilling fear in citizens. I reiterate what I said before, that threats are not a sign of power or authority but oftentimes may be indicators of a state of insecurity and/or fear by those uttering them. I call upon the President to consider transferring the Minister to another Ministry where she may not be personally, emotionally or sentimentally attached.
GODFREY MIYANDA,
BRIGADIER GENERAL,
HERITAGE PARTY
[12TH JUNE 2014]
Sometimes Ba Miyanda comes out too late. People are watching World Cup.
Ba Nkandu Luo, she really brought bad-lucky on herself and family by adopting a problem between Sata & Sosala. The two knows better their grievances.
kkkkkk, u r a comedian , you kkkkkk
This is not the first time General Miyanda is writing about this issue. His statement is timely and in good faith. The world will not come to a stand still because of the world cup, business will have to continue and football is just one of the many sports.
The use of the word “recuse” suggests Nkandu Luo has some legal authority in the matter when if fact she is is merely an interested, severely biased potential beneficiary.
Recuse – “challenge (a judge or juror) as unqualified to perform legal duties because of a potential conflict of interest or lack of impartiality.”
@Nostradamus, matters of tradition and governance are very important, more important than football, even in Countries like here in UK the birthplace of football. Right now on BBC One TV there is a live broadcast of ‘Trooping The Colour’ (The queen’s birthday). Tonight England Vs Italy in the football World Cup.
@Nostradamus, I know you meant it as a joke. But in case someone missed your drift I say to them:- Traditions are very important and cannot be put on hold just because of the World Cup. For example here in UK I have just been watching an English Traditional ceremony broadcasted live on BBC ONE called ‘Trooping The Colour’ (commemorating Queen’s Birthday). It would be laughable to even mention postponing it on account of Football World Cup in progress in Brazil. And as you know, its England Vs Italy tonight at midnight Zambian time. But in so far as matters of tradition are concerned, they still go ahead unimpeded even in nations like England that started football.
Can someone in government or outside government with knowledge explain what the role of the House of Chiefs is? How does the house of Chiefs mainstream into the government (Cabinet and Parliament) policy making and law making respectively?? That house of Chiefs must have a clear purpose to justify the huge expenditure of tax payers’ money. Can someone from the opposition tell the nation what their manifesto on the role of the House of Chiefs is and what changes their party (if voted into power) will make to make this institution relevant. We cannot continue to spend scarce resources on a few families just because they dominated others at one time and imposed themselves as rulers. Otherwise, democratise the thing so that anyone meriting can become a chief by ballot. Fullstop.
What I don’t understand is why there’s no world cup commentary on this site? Why? Did anyone see how Ivory Coast dribbled Japan? I was like yes! Yes! Too bad I was it alone. With not even a Mosi for company. LOl.
Now to the Chitimukulu saga. Why can’t all the Bembas across the country who are subjects of the Kingdom (including government ministers) stage massive protests across the country and demand respect for their chosen leader and bring this saga to an end? Where is your anger over the treatment of your chief? Somebody on this site said you’re 43% strong. Well show yourselves!
@Nostradamus: the issue is as current as World Cup; the Minister spoke during World Cup. As a former soccer player I am actually watching the games while keeping my wits about me as life MUST go on! Sport in general and soccer in particular esp here helps to unite. Maybe the next big game should be held in Northern Province to generate a harmonious spirit. Seriously there are disputes in most chiefdoms but what matters is how they are handled and the real motivation of those who involve themselves in the dispute.
@Nostradamus: being a former Div 1 soccer player I love the game and I am watching the World Cup games while keeping my wits about me. Life must go on; the Minister spoke just before the weekend while the World Cup was in full swing. If we are invaded now are you going to refuse if The President calls on you to go and repel the invaders from Mars? Do watch the World Cup but keep fighting for good governance, democracy, security and the Rule of Law. Godfrey Miyanda///
Food for thought: – its worth noting that even in football-craze Countries like England, which is actually the founder of the game, traditional ceremonies and related issues still go ahead as normal when the two events coincide. For example, I was watching a live broadcast of an English traditional ceremony called ‘The trooping of Colour’ (Queen’s birthday) on the same day England played Italy in the World Cup. Just thinking.
Nostradamus which world cup are you talking about that should be more important to Zambians than the problems we are going through in this country when Zambia is not even participating and shall never will as long as these fools continue to govern. You are better worrying about the poor state of the economy today, the rising food cost, political, stupidity than the so called world cup which no Zambian has not been able to afford to go and watch live. Gen Miranda is a very wise man and we wish any one minister in PF government would think like him. This a good letter to those with ears.
The following are the list of things I no long want to hear because they don’t seem to have solutions.[1] the issue of sosala [2]MH370 maleysian missing plane [3] abducted girls by Bokho haram,[4]release of draft constitution .from today I won’t be reading any news with any headline concerning the above issues.iam tired of the same things and even irritated.
Well spoken ba Miyanda. we all know that Luo has messed up .with all the Bembas
The woman sure is Big Ule. just for talking rubbish to Sosala. Sosala is our Chief we Bembas. chief Mukuni is not a Bemba but he has spoken all the rules for someone to become a chief not to be appointed by Sata. NOOOO. You Mr Miyanda You are from Eastern .but what u hve said about Sosala is 100% correct. Luo. should move out from that ministry.Noonge shout be brougt back…….Sata Kindly listern from the wise men from the east ((((am a bemba))
@Chillis: I am unable to reply – your language! You have valid observations but have spoilt your case. Let us respect all our mothers even when they are ministers. I beg you to debate the specific issues rather than the person of the minister. We shall make progress as a nation if we tolerate others and express our views without abusive language or hatred. Godfrey Miyanda///
Viva Miyanda. That is the way to go. PF think they own Zambia. Their time to regret is coming & very soon. Zambian Chiefs should not bowel down to PF & cover their heads in sand. We should all stand & be counted. Let’s support our bemba brothers. Today PF is on them who knows the next victim?
So much news on the agenda, I will choose to ‘miss the bus’.
I wonder how honorable Luo is!? People of Honor always do what is right (and when wrong quickly admits and apologize), you cant be a Minister / MP and use that Title to fight Person Battles this is abuse of authority and ACC should quickly move in if they are Independent. Minister has NO powers to instruct Police to Arrest anyone, if she has any issue let her complain to the Police as an Individual.
Their are no disputes concerning the current Chiti and as such let him lead his people peacefully without interference from Luo.
The one who is responsible for fanning confusion is just shouting from state house saying he is strong and fine. If you are strong,go and address labour day and open disaster stadium kaili. Nkandu Luo has no independent mind just parroting what the boss says. African politics,iyee uluse
…I don’t understand why this issue has dragged on this far. Its as if the Bemba royal succession system is vague. If it was as clear as the British royal succession system where the successor…three generation from the incumbent has already been known, I don’t see Bemba saga dragging on and on… The succession system must be as clear as two sides of the same coin. Its either heads or tails period. Its clear that personal vendetta is at play here….
They are merely trying to divert attention from the real issues at hand, much like the way big brother across the Atlantic woke-up one morning and decided to attach Iraq from out of the blue. That war did serve it’s purpose probably. But it lasted for much longer than three weeks, contrary to big brother’s assertions. As a matter of fact, the war outlasted him. Mr. Sata is happy to keep things this way, just so this irrelevant issue occupies the minds of the Zambian people.
a typo: “…to attack…” and not “…to attach…”.
Absolutely correct, General. We have got enough problems in our Country e.g. massive Youth unemployment, so we do not need to create more problems like this wrangle. Actually, theses are symptoms of a bigger problem i.e. this is proof that our Country has dangerously detoured from rule of law to rule of man. Solution is to get back to Rule of Law like the rest of the progressive World.
Miyanda; always wanting to have a say on each and every issue. Please address your erstwhile faculties, such as they are, to the revival of your moribund ‘village concept’.
There are many well meaning Zambians to our current affairs in our nation.
The main nkonkonko issue is Mr Michael Chalie Katongo Mwango Sata as Chumbu Mushololwa. Senior Ellias Chipimo gave meaning to chumbu mushololwa as the unadvisable or something un able to be stretched and breaks if compelled by force.
That is where we are with our man in state house.
Miyanda; always wanting to have an opinion on each and every issue. One would wish to encourage him to expend his oratory capacities, such as they are, on the issue closest to his heart, to wit, the now moribund ‘village concept’. That to me is what may launch him onto a successful road to statehouse, not these write-ups on the unpopular and archaic chieftainships.
@Chitutuma, Village concept is Moribund? Your comment must be the joke of the month. I am sure if you knew that the developed World is founded on the Village Concept, you would not have said this.
@Chitututma: I apologize for having not kept my word on a write up on the Village Concept and a response to NAREP blue print. This was due to urgent and serious personal matters that kept me away. I shall do so in the next 24 hours. After that you may make relevant comments so we can all benefit from your ideas. As for the Chitimukulu issue it is current as the Minister made her threat to arrest the Paramount Chief just before the weekend. Last year it was reported that 400 police surrounded the chief’s palace to prevent the installation. Do you Mr or Ms Chitutuma support this manner of resolving traditional disputes? This is the relevant matter you should comment on. Godfrey Miyanda///
Why can’t Charlie Mwango’s cabinet advise him to grow up. I never heard him say that HH was an under 5, but if he did say it, from where i am standing it seems like it takes one to know another indeed. Sata behaves like a child throwing tantrums everyday to get what he wants. Ba Katongo twanaka kuleni twapapata tata!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Although Luo boasts impressive academic credentials the Chitimulu saga has exposed her as a useless self-serving charlatan and shameless sycophant who takes anything that evil dictator dishes to her.
@Chitutuma. Just shut up you congole. What do you know about traditions. As for your ugly sister Luo, advise her to stay away from Sosala and take her big ugly face somewhere away from the Bembas.
Could those of you with legal minds kindly educate the rest of us on this matter? Is the appointment of a Chitimukulu, any other chief or paramount chief, subject to government approval? Is the present and on-going stand-off between the government and the Bemba Royal Establishment litigable?
Stated differently, is the position of the Bemba Royal Establishment vis-à-vis that of the government on this matter, challengeable at law? If so, how is it that, LAZ has not weighed-in authoritatively, on an issue of such legal prominence? I have asked this last question considering the legal precedence, if any, this matter portends. Kindly advise.
@Mei Matungu: strictly I am NOT a “legal mind” but can provide information to help the debate to be focused.
1. Before the Chiluba regime no formal acknowledgement or ‘recognition’ of chiefs in Zambia other than the Chiefs Act. Reports that the KK regime had considered abolishing chiefdoms as happened in Tanzania.
2. The Chiluba Govt for the first time provided for local communities to resolve issues in accordance with “the culture, customs and traditions or wishes and aspirations of the people to whom it applies” (Article127). Chiefs Act has not been amended to keep with this spirit of the later provisions.
3. LAZ: I wrote to them 2009, no reply. If LT editor allows I can fwd the papers titled “Restoration of Traditional Authority” of 19 Aug 2009 to enhance this debate…
Well said General. When read beloved KK introduced laws to fix the Litunga and the Barotse people didn’t realise that dear KK was fixing all chiefdoms .
Was there a legislation by Kaunda to that effect or merely a precedence out of an imprescriptible?
And should there be such a tenet within the Zambian law, that so empower the government to interfere and dictate discretionary or at will; are there no further provisions or exceptions that, as in this case, would protect Chitimukulu’s throne from being over-run by an all-powerful and power-hungry government? Must the Chitimukulu’s impis now sharpen their spears to defend the entrapped royal against such government interference in the traditional affairs of the Bemba Royal Establishment?
I feel as though the government is over-reaching in this matter.
People should understand the meaning of luo then Nkandu . Luo mean a small stupid animal which stay in waterlogged plains which destroys fishing baskets for fishermen .this are knicknames given to very bad an a village who practice which craft . Now what do you expect from an agry looking woman who looks like a baboon . Ask Dr Manda he will tell you . You Baboon Leave Chitimukulu alone . Umwaiche ekalisha ilyo anya .
Well articulated Brg Gen. Miyanda. Some thinking and acts can utterly go wrong! This belittling of the Bemba Royal Establishment is un called for, unnecessary, whatever personal issues are between Mr Sata and Mr Sosala. Does Mr Sata know all the rituals of chiefs succession more than Bashilubemba? Why really why take such hatred at someone like this? Passage of time has solutions.
Time has a way of making an idi¤t of people like Luo. In less than 2.5 years PF will have to travel through northern and luapula and explain her raggedy theory. After PF leave office she’ll be in sh!t up to her eyebrows.
That’s not the half of it. She has brought her siblings and their families into this too. For the next few generations this sh!t will not be forgotten.
It’ s surprising that Zambia is governed by a bunch of f.o.o.l.s starting from the President himself down the line up to the last serving government official. These i.d.i.o.t.s have a wrong view point that since they are in government, they have become angels and hence have got the mandate to intimidate any one in the country. They forget that they ascended to power through the ballot box and in the same way, they shall be brought down. They are imbeciles beyond description.
Is installation of a chief so complicated that the whole lot of a republican president should be struggling? Isn’t there a procedure imwe ba kolwe?
President Michael Sata, is not the source of the Chitimukulu, wrangles. He is only trying to restore the authentic succession process. For the information of those who do not know the truth, in the past 30 years, we have had wrong individuals as paramount chief Chitimukulu. The reason for the above was political interference, then and not now. Its common sense that President Sata, was not the President. I’m surprised that bemba’s and historians who know the truth and the source of the wrangles have chosen to keep quiet. Please let the truth be known.
@BupeChanda: you may be right that the problem is historical. I disagree that the President should be involved in what you call “restoring authentic succession process”! This is NOT his role; instead the president should provide leadership by not taking sides or politicising disputes. Justice must flow from State House. The Constitution and other laws must be his guide at all times. He should consider removing the minister and appointing an unattached person to the ministry. Dialogue and not threats is the medicine in such controversies. Godfrey Miyanda///
@Mulenga and Jelita: “recuse” does not just apply strictly to judges only but to anyone who may exercise some ‘majesterial’ function. All ministers of the government do exercise some majesterial function but they must know when this is so and recuse themselves. You have accurately described Minister Luo as ‘interested, severely biased potential beneficiary’! This is what disqualifies her from deciding who should be the Chitimukulu; the grapevine has it that she is part of the Chibesakunda clan that may be contending against the present Chitimukulu. Thanx for your apt definition of RECUSE. Godfrey Miyanda///
Editor,
pse post my reply to Mulenga and Jelita. Thank you; Godfrey Miyanda///