The Lusaka High Court has referred the matter in which three Lozi traditionalists want Litunga Lubosi Imwiko II to vacate his post for alleged gross incompetence and abuse of authority to the Constitutional Court (ConCourt) of Zambia.
Judge Getrude Chawatama in her ruling delivered on 15th March 2017, said that she had considered the submissions and found that the case needed to be handled by the Constitutional Court for determination.
“I am of the view that this is a matter which is proper for the exclusive jurisdiction of the Constitution as provided by Article 128. Where a question relating to constitutionality arises in a court, the person presiding in that court shall refer to the Constitutional Court. I hereby refer this matter to the Constitutional Court,” ruled judge Chawatama.
The lawsuit was initially filed in the Mongu High Court and later the file was sent to Lusaka for allocation.
However, the Litunga’s lawyers have argued that allegations on their client question the competence of the Litunga who holds a constitutionally created office of Litunga.
This matter raised by the defense is what must now come for determination before the ConCourt.
According to an affidavit in support of originating notice of motion filed in the Mongu High court on 3rd February 2017, against Litunga Imwiko Lubosi, Nabiwa Imikendu, Litia Charles Mutemwa, Mukubesa Ilukena and Mumbisho Liswaniso stated that they were Zambians and traditional loyalists with vested interest aimed at ensuring that the Lozi tradition and custom was upheld, promoted and sustained for posterity and cultural heritage.
They stated that a wider majority of Lozis, averaging 92 per cent, was in open disapproval of his Litungaship and would want him to vacate the throne.
But the Barotse Royal Establishment (BRE) immediately rubbished the litigation as a work of individuals that had personal differences with the embattled Lubosi Imwiko II.
“The first one (first petitioner – Nabiwa Imikendu), he was holding a senior position in the BRE and he misdirected himself, therefore he was fired and now he is feeling there is nobody who can become Imbwae except himself. What is so special about him? If he were special, he wouldn’t have done that wrong. The next person is Charles Mutemwa, he has been fighting tooth and nail to find a position in the BRE but because of his personality, he was found to be unqualified and for that, he has built something, he doesn’t like the BRE. Another one, Mumbisho Liswaniso, was actually an induna in the Sir (Saa) Kuta. He, too, like the first one, involved himself in other things and he was demoted. The fourth person they have hooked [is] a young man called Mukubesa Ilukena; he does not know why he has involved himself in such kind of nonsense. These are personal attacks they have for BRE just because of what they have failed to obtain,” Induna Imandi was quoted in the media recently where he declared that none of the 19 allegations of incompetence and fraud raised by the quartet had credibility.
Ahhhh! Constitution Court futi? I thought my people want independence from lungu and PF… But they are now going to lungu’s courts…. Me, Am thinking of resigning from this kingdom mwe!!… @Nostradamus notice to apply for citizenship in your kingdom… Please boyi, you can’t let me down, we come from a long way
Best just to leave this topic alone.
It will be thrown out.
First of all, who conducted the referendum or opinion poll that shows 92 percent disapproval?
Second, what are the roles of the Litunga, and in which way has he failed to carry them out?
Third, what where the benchmarks set at the beginning, and how has he failed to meet the targets, and by what percentage?
Fourth, how long has the Litunga been incompetent, and at what point did he start to be incompetent?
Fifth, how long does it take the people to realise that the Litunga is incompetent?
The Litunga has been in office from 2000, which is 17 years – close to be 2 decades.
Even in conventional employment, if you keep someone beyond probation it means you approve of their capabilities and contribution.
17 years is too much time to keep an…
17 years is too much time to keep an incompetent person.
And if they were happy with his incompetence all this time, they should tell the court what has changed now.
The truth is the Litunga, like the president, has immunity, hence the reason he is not even present in the court. Like the AG already said, BRE governance system is seperate from that of Zambia despite Barotseland itself being a part of Zambia.
This Case will suffer the same fate as the UPND Petition. Lungu is in Alliance with the current Litunga so there is no second guessing as to what will happen at Concourt. Lungu’s friends and “Night”Judges at Concourt will rule and comply with Lungu and Litunga’s wishes so the Petitioners will lose the case. Lungu’s Concourt will never pass a judgment which is not favourable to Lungu,OFTEN and his accomplices. Wait and see!!
Its really amazing how these politicians have managed to misdirect and confuse even the so called learned or educated enough to blog on LT. So for you regardless of the circumstances of the case your stance is already taken shame!
Look here and ask yourself what the constitution of Zambia states about chiefs, who appoints chiefs and who can remove them. Lawyers must be making a killing nowadays in Zambia with such clients who cant reason and analyse issues with clear heads. Find out the process of removing a Litunga if ever one was removed and then see if your brothers are going about it the way it should be done!
Eish , Zambia and its countless chiefs and traditional ceremonial posts.Do other African countries have this many chiefs ?
It will be thrown out.
(1) Who conducted the referendum or opinion poll that shows 92 percent disapproval?
(2) What are the roles of the Litunga, and how has he failed to carry them out?
(3) What were the benchmarks at the start, and how has he failed to meet the targets, and by what percentage?
(4) How long has the Litunga been incompetent, and at what point did he start to be incompetent?
(5) How long does it take the people to realise that the Litunga is incompetent?
The Litunga has been in office from 2000, making 17 years – nearly 2 decades.
Even in employment, if you keep someone beyond probation it means you approve of them.
17 years is too much time to keep an incompetent person.
And if they were happy with his incompetence all along, what has…
And if they were happy with his incompetence all along, what has changed suddenly?
They say he used to be competent. Now he lost his wife and became widowed. He then begun to womanize and begun drink in open beer hall at times. What has not helped is that GRZ increased salaries of chiefs from 4,000 to now 15,000 way above university graduates who design roads. This increment is not only a drain on tax payers but has caused many chiefs to take to drinking. And womanizing as they don’t have to ever work since one does not retire from such
.now…they claim to Zambians….are they?since when?
The 4 complainants have nothing to do with the issue you are obsessing about. When did the people involved in this issue say that they are not Zambians? Are they members of Linyungandambo or the Barotse National Party or the Barotse Freedom Party? NO. Three of them are actually ex-members of the establishment. Reading is fundamental. Their status is explained in the last paragraph of the article. Ubukopo.
This Constitutional Court Judges how do we pay them to sit and do nothing!!
Exactly my thinking..peace for Zambia. Iam lozi living in Sesheke but iam not aware of any opinion poll carried out in western province over the litunga incompetence..! Where is The 92% coming from? Jealous and frustrations at play..!
Teargas has been classified as a chemical weapon by the International Community since 1993.
Why is the Zambia police still using it?
Problem of insisting on having these mini monarchs in a Republic!
The Litunga refused to be involved in the Baroste Land issues and told those four off that there is only one Zambia one Nation, not that one was that and that one was this no. The lawyers for the Litunga must come out straight.
Stop mixing up issues. This case has nothing to do with your obsession.
Jay, me too still don’t understand what that Concourt is for. Lungu loaded the court up with his lawyer friends but cases are still going to the high courts and other courts. Now all his buddies are doing nothing but getting paid.
This kind of thing does not just happen in barotseland and when it does it is a very serious matter and sicaba “the people” as expected by Lozi custom must be heard. The truth is that this Litunga has not met the expectation of the people and should recuse himself from the throne.
No my friend. I am from Lozi land and Eastern part of Zambia. I love my chief Litunga. Ok if you want will ask all my tribe mates from the eastern part to marry all lozi girls. So you will have no women at all. No BRE