Milupi urges Barotse inquiry commission to call Rupiah

Milupi urges Barotse inquiry commission to call Rupiah
By Mwala Kalaluka in Mongu
Fri 28 Oct. 2011, 13:50 CAT

Charles Milupi has urged the Commission of Inquiry into the Mongu riots to summon former president Rupiah Banda to appear before it. And the Commission of Inquiry says suggestions that it was established to look into the Barotseland Agreement of 1964 are not correct because the Agreement exists despite being abrogated in 1969.

The hearing held at the Provincial Minister's Conference Hall in Mongu, was yesterday characterised by wild applause following demands that former president Banda be subponaed to testify in the matter.

During the commencement of the well-attended sittings of the Rodger Chongwe-chaired Commission of Inquiry into the January 14, 2011 Mongu riots, Chongwe subponaed the local police command, being key players in the issue, to appear before the body today.

Chongwe said the commission did not want to leave any stone unturned in dealing with the root cause of the Mongu riots.

But opposition Alliance for Democracy and Development ADD president Milupi raised preliminary issues over the people to be subponaed.

"I have no doubt at all that you will do justice on this issue, because you are a prominent lawyer and human rights activist and I am also aware that you have been involved with this particular issue of Barotseland Agreement for a long time," Milupi told Chongwe.

Milupi said the Mongu riots had an impact on the whole nation and that the people of Western Province were injured.

"One of the issues that need to be dealt with was the conduct of the police," Milupi said.

He said the police in Mongu on January 14, 2011 was under the control of the headquarters in Lusaka.

"I want to ask you Mr Chairman, why you have not seen it necessary, recognising the national importance of this matter, to subpoena the national leadership of the police, including the IG who was there at the time, Inspector General Francis Kabonde," Milupi said.

"The order to shoot the citizens of this country using live ammunition procured by public resources can only come from a very high level."

Milupi also asked why the then Minister of Home Affairs, Mkhondo Lungu, who is now National Assembly Deputy Speaker, had not been subponaed before the commission.

"What happened does border on genocide. Why has it not been necessary to subpoaena the then president of this country?" Milupi asked as those following the proceeding inside and outside the hall broke into applause.

More applause followed after Milupi demanded that the Barotse Royal Establishment BRE leaders be subponaed to give their position before the commission.

Chongwe said in response that Milupi had exhibited political maturity in most of his statements and therefore his suggestions could not be easily dismissed.

Chongwe said the commission addressed a letter to Police Inspector General Dr Martin Malama.

"I also took your point that the former president had said that Barotse detainees will remain in detention until when he as president decides to release them. These were reported in our newspapers at the time. So I understand your concerns," Chongwe said. "Also there was a report in Parliament from the vice-president George Kunda supporting the conduct of the police on the 14th of January. So we will take up the matter with higher authority and ask them to send someone senior to come and testify."

Chongwe assured the people that they should be free to present their feelings before the commission because they would be protected.

This followed a question from a Mongu resident, Mukeya Liwena, who wanted to know how protected they were to delve into areas deemed sensitive during their submissions.

"If there is anytime when you can stand on the highest point overlooking the Barotse Plain and shout your lungs out so that your lungs bulge out without let or hindrance, this commission is the place where you can express your opinion, your views, your dislikes, your likes openly without leaving them in your chest to collect anger and frustration," Chongwe said, "Only to exhibit them later, not in a forum like this, but in violent activities."

Chongwe warned that anybody who would interfere with the submitters over what they presented to the commission would be dealt with strenously because such people are preventing others from speaking their minds freely.

Chongwe said the Commission was not discussing the existence of the Barotseland Agreement of 1964, as a document but that it would receive evidence relating to the anger and frustration following the non-restoration of the above Agreement.

Chongwe said President Michael Sata had indicated that he would give the people of Zambia, with their consent, a new constitution that would address all the outstanding issues, including the implementation of the Barotseland Agreement.

And in correcting the title of the advertisements relating to the commission, Chongwe said the commission was not set up to discuss the Barotseland Agreement but what caused the Mongu riots.

"The Commission does not have such mandate," Chongwe said. "The Barotseland Agreement exists and was only abrogated by Parliament in 1969. So there can be no inquiry into an agreement that was signed," Chongwe said.

However, responding to one Anthony Matomola's concerns over when the Barotseland Agreement issue would be discussed, Chongwe said people were not restricted to state that the abrogation of the Agreement was the cause of the anger and frustration in the province.

"This commission is very much alive to the issues, you trust us," Chongwe said.

Chongwe said the commission decided to get views from provinces such as Lusaka, Central and Southern for solidarity purposes because issues to do with the Barotseland Agreement were national in nature.

"This Barotseland Agreement issue, is a human rights issue and human rights issues cross borders because they are universal," Chongwe said. "It's not only my friends from Western Province who feel angry and annoyed that an agreement was abrogated."

Chongwe said the commission was aware that there were more than two deaths that occured during the Mongu riots and it was therefore, important that people submit on issues that occured before, during and after the riots.

"We don't want to leave any stone unturned. We don't want a repeat of what happened on 14th January," said Chongwe. "So don't give an excuse for not giving evidence."