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.

ST Ignatius Catholic parish priest Father Charles Chilinda says he feels disappointed that aggrieved Patriotic Front (PF) presidential hopeful Miles Sampa allegedly failed to turn up to sign an agreement after reconciliation talks arbitrated by Catholic Bishops.

Fr Chilinda explained in an interview that he is taken aback by Mr Sampa’s decision not to allegedly show up to conclude reconciliation talks that lasted for six hours.

“We could not conclude the talks minus the presence of Mr Sampa, maybe the mistake we made was to break for lunch at 12:00 hours because we had been with him from 08:00 hours,” Fr Chilinda said.

Fr Chilinda said Mr Sampa did not return after the lunch break.

“We hope we can make contact with him again so that we can make progress,” Fr Chilinda said.

He said the areas of agreement were many and the other presidential contenders who included Roan member of Parliament Chishimba Kambwili, Kasama MP Geoffrey Mwamba, Nchanga MP Wylbur Simuusa and their Kabwata counterpart Given Lubinda were present.

On Thursday night, five of the presidential hopefuls met at Lusaka’s Pamodzi Hotel to kick-start reconciliation talks arbitrated by Catholic Bishops.

Those present at the meeting, which lasted for nearly five hours were Mr Mwamba, Mr Lubinda and Mr Simuusa, who is also Minister of Agriculture. Others were Mr Sampa, who is also Matero MP, and Mr Kambwili, who is also Minister of Youth and Sport.

PF president Edgar Lungu, acting President Guy Scott and President Sata’s widow, Christine Kaseba, did not attend.

Mr Sampa was in attendance for only a few minutes and left.

There was heavy presence of police at Pamodzi Hotel.

Others present were members of the central committee, who included Samuel Mukupa, Willie Nsanda and PF secretary-general Davies Chama.

Also present were Catholic Bishops Alick Banda, Clement Mulenga and St Ignatius Parish priest Father Charles Chilinda.

When Mr Kambwili arrived, he went where Mr Nsanda was and asked to be pardoned for disparaging remarks he made about Mr Nsanda at an earlier meeting.

In response, Mr Nsanda said he holds no grudge against Mr Kambwili. They hugged and joked about politics and teased each other.

After the deliberations, Mr Lubinda briefed journalists that the meeting had resolved that they unite and would make further efforts to get everyone on board.

“We have made commendable progress. We want to be part of the solution. We shall work together to foster reconciliation and togetherness in the party,” Mr Lubinda said.

And Mr Kambwili has urged all party members to attend the PF rally in Kitwe today, which will kickstart Mr Lungu’s campaign for the presidency.

THE Legal and Justice Sector Reforms Commission has heard that the high failure rate of students at Zambia Institute of Advanced Legal Education (ZIALE) is a result of senior lawyers who allegedly don’t want the market to be saturated.

Making submissions before the Justice Frederick Chomba-chaired commission on Wednesday, Martin Chewe, a retired teacher, said he finds it difficult to understand why less than 10 out of 200 students graduate from ZIALE.

“There are concerns that senior lawyers, who are lecturers, don’t want new entrants in the market hence the high failure rate. I somehow believe this because a well prepared candidate cannot fail an examination, I know this because I am a retired teacher,” he said.

But Justice Chomba, who is former ZIALE director, said students should concentrate on mastering law practice and civil procedures.

“In college, they learn academics and these bright students are too presumptuous that ZIALE is a walkover. They tend to lose focus in class; others walk out to respond to phone calls while classes are in session,” he said.

And Commissioner George Chisanga asked Mr Chewe which was feasible between a government loan scheme and slashing of fees.

In response, Mr Chewe said a loan scheme is better but that lawyers in the private sector should allocate a certain fee to ZIALE since they benefit more than the government.

Another petitioner has submitted before the commission that discretion should be exercised when executing the 15-year jail term for defilers as some victims allegedly consent to sexual intercourse.

Clive Simwanza, a father of two girls, told the commission that he is in support of stiffer punishment of defilers.

“My perception changed when a niece (below 16 years) who was under my custody got pregnant by a man aged 21 years. It was a clear case of defilement but when we had a discussion, we realised that there was consent between the two.

“They were in a relationship and so we thought about the whole issue and decided to resolve it as families. I submit that discretion should be exercised in certain cases as much as we want to stop this problem,” he said.

But Commissioner Anne Nhekhairo told Mr Simwanza that a minor by law is incapable of giving consent.

In response, Mr Simwanza said Zambia should start enacting laws that suit local scenarios.

“Some of our minors know the dos and don’ts of sexual activities and so maybe a sentence of five years can be applicable so that a culprit is given time to re-organise since the minimum of 15 years is too much,” he said.

Earlier, Senanga district commissioner Beatrice Imbwae urged people to make meaningful submissions to ensure that a reformed legal and justice system is implemented.

Patriotic Front (PF) Mfuwe Constituency Member of Parliament (MP) Mwimba Malama says the opposition has got nothing to offer in terms of developing Zambia above what the ruling party has scored so far.

Mr. Malama says opposition leaders such as United Party for National Development (UPND) leader Hakainde Hichilema among others are no match to PF presidential candidate, Edgar Lungu.

He says the opposition leader is promising ‘cosmetic’ policies and development that are not feasible to develop the country.

ZANIS reports that the PF parliamentarian was speaking in an interview in Lusaka today.

Mr. Malama, who is also Defense Minister of Communications, Transport, Works and Supply, urged the Zambia people to vote for Justice and defense Minister Edgar Lungu in next year’s presidential election slated for January 20.

The Deputy Minister said the PF would carry on with the legacy of late president Michael Sata.

Mr. Malama said the UPND would confuse and disturb the programs of government because its leader does not understand how government operates.

But the UPND leader in his recent nationwide campaigns been assuring the nation that he is capable of alleviating the sufferings faced by the people once elected as head of state on January 20, 2015.

Forum for Democracy and Development (FDD) this morning officially launched its 2015 Presidential campaigns with a call from its leader Edith Zewalani Nawakwi for the public to be weary of politicians making promises they do not intend to keep once put in office.

Addressing thousands of Lusaka residents that turned up for the launch held at National Sports Development Centre (NASDEC) in Lusaka this morning, Ms. Nawakwi said the country has remained under developed due to politicians who have mainly been voted into office based on slogans as opposed to what they would deliver to the people.

The FDD President observed that peoples dignity cannot be restored with promises but by ensuring that governments partners with the people for a common goal.

She said previous Governments have been promising people but that once they got elected they forget about all they promised which citizens have come to accept as normal.

Ms. Nawakwi has called on voters to hold their leaders accountable on the promises the make during campsigns.
The only female candidate in the race to plot one in the 20th January 2015 polls noted that citizens in the country have become accustomed to poverty and think it is a way of life and their political leaders have continued to use it in order to remain in government.

And Ms. Nawakwi says the FDD will not make any unrealistic promises to the nation but that it promises a transparent and honest government once voted into office.

She said her party intends to govern on the principal of decentralization saying this will give people power to govern themselves as each district will manage its own resources.

Ms. Nawakwi further said Zambians were hard working people who just need a good government to help them realise their full potential.
On the constitution, the opposition leader noted that had the ruling Patriotic Front listened to the demands of the people the country would not be going to the polls as that would have been taken care of in the new constitution.

She said when voted into office the FDD will ensure that the new constitution is enacted before the 2016 elections.

Meanwhile Non-Governmental Organising Coordinating Council (NGOCC) has reaffirmed its commitment to supporting a woman candidate.

Board Chairperson Sara Longwe said her organisation opted to back Ms. Nawakwi because they feel that it is high time that a woman ruled the country as men seems to have failed to manage the affairs of the nation.

Present during the launch also was National Women’s Lobby Chairperson Beauty Phiri, Muslim Women’s Council and students from various high learning institutions that included the University of Zambia (UNZA), National Institute for Public Administration (NIPA) and the Copperbelt University (CBU).

The Students movement pledged to support Ms. Nawakwi and the FDD in the forthcoming Presidential elections.

The students said Ms. Nawakwi has a heart of a mother hence their plight would not fall on deaf ears once she was elected President of Zambia.