Absence of Barotse agreement in draft constitution angers BRE

Absence of Barotse agreement in draft constitution angers BRE
By Henry Sinyangwe
Tue 03 Aug. 2010, 10:00 CAT

THE Barotse Royal Establishment (BRE) is aggrieved that the provisions of the Barotseland Agreement have not been considered in the draft constitution.

Making submissions to the National Constitutional Conference (NCC) on the draft constitution yesterday, acting Ngambela Litia Walubita submitted that the articles of the constitution defining Zambia as a unitary state should acknowledge the Barotseland Agreement as the instrument by which the unitary state is constituted.

Walubita said the BRE found part II of the draft constitution, which talks about the Republican and sovereignty of the country not inclusive.

“The BRE remains aggrieved that the provisions of the Barotseland Agreement have not been considered in the draft constitution,” Walubita said.

He submitted that article 4(2) which establishes Zambia as a unitary, multi-party, multi-ethnic and multi-cultural democratic state should be recast to reflect the origins of the unitary state.

Walubita submitted that article 4(3) was an unnecessary overkill in the protection of indivisibility of the unitary state adding that the clause would make sense if it was supported by an acknowledgement of the Barotseland Agreement of 1964, which enforces the unitary and indivisibility of the state.

According to article 4(3), the Republic shall not be ceded in whole or in part to another country.

He said article 4(5) like clause 4(3) was targeted at the Barotseland because it was the only region of Zambia that had unequivocal right to establish a regional government.

According to article 4(5), the establishment of a new state within the territory of the Republic of Zambia is prohibited.

“It should be emphasised that this right preceded the birth of the Republic of Zambia and is therefore not bestowed on Barotseland by Zambia,” Walubita said.

He said the BRE found article 213(1) to be inadequate in legislation for provincial, district and local authority’s administration.

According to article 213(1), Parliament shall enact legislation applicable to provinces, districts and local authorities.

Walubita stated that the Barotseland Agreement of 1964 placed the aspect of government administration under the Litunga and council.

He stated that the power given by the constitution to Parliament to legislate for administration of provinces, districts and local authorities should be made subject to the provisions of the Barotseland Agreement 1964 as enshrined under clause eight of the Barotseland agreement.

Walubita stated that the BRE found part XIX article 290(2), which defines customary land, wanting because it failed to include land vested in the Litunga within the definition of customary land.

He submitted that the clause should be amended by the insertion of land vested in the Litunga as customary land.

According to article 290(2), customary is land held by communities identified on the basis of tribe, residence or community of residence.

He further submitted that the powers of the President over minerals and petroleum under article 293(1) should not be so sweeping that they override the existing powers of the Litunga over land in Barotseland.

According to article 293(1), all rights of ownership, in searching for, mining and disposing of, minerals and petroleum, wheresoever located in Zambia, are hereby vested in the President in trust for, and on behalf of, the people of Zambia.

Walubita submitted that the article should be re-aligned with the provisions relating to the control of land in Barotseland.

According to the detailed submission, part of the Barotseland Agreement, which was signed on May 19, 1964 was the extension of regional autonomy to the Barotseland on matters that included land.