Wednesday, February 29, 2012

Sata sees problems with Barotse deal

Sata sees problems with Barotse deal
By Bright Mukwasa
Wed 29 Feb. 2012, 09:49 CAT

PRESIDENT Michael Sata says he will be ‘very reluctant' to recommend the reinstatement of the Barotseland Agreement of 1964.

And the January 14, 2011 Mongu killings commission of inquiry chairperson Dr Roger Chongwe says the government must establish a team of experts to investigate those who may have committed any criminal offences during the fracas.

Speaking at State House yesterday when he received the report on the Barotse inquiry on the Mongu killings, the Zambia National Building Society and the Salaries Review Commissions separately at which he also dissolved the Local Government Service Commission, President Sata said there were a lot of factors to be considered regarding the reinstatement of the Barotseland Agreement.

"We understand, we can accept to investigate the brutality, investigate the torture, but I will be very reluctant to advise my government to reinstate the Barotse Agreement because by so doing, that is opening the Pandora's Box," President Sata said.

"All the provinces, Mpezeni will come that we also want to secede, Chitimukulu will come we want to secede, the Tongas will have a paramount chief and they want to secede and there will be secession within government and secession within provinces because Nsengas would not want to be ruled by Mpezeni so those are some of the difficulties we have to bear in mind. First of all, you have not told me what benefit did the Barotse Agreement derive or gave to the Barotse people…What is in that Barotse Agreement is a self government which used to be in the native authority, but because the people of Barotseland at Independence were so organised that when they went to England, they campaigned for a separate rule to maintain their native authority, it was more of a native authority not Barotse Agreement."

He wondered from which resources the people of Western Province would raise taxes from even if they were granted secession.

President Sata said the Barotse Agreement suffered its first assault in 1965 when Sikota Wina amended the local government Act.

And Dr Chongwe said various leaders must be investigated and the government must bear the responsibility of compensating the families affected.

Dr Chongwe said some statements that were made by some leaders incited police to exert ‘unnecessary and excessive' force on the protesters.

"…The then vice-president George Kunda should be arraigned before the National Assembly for giving a statement," he said, prompting President Sata to interrupt to ask if he meant to arrest, to which he responded: "The National Assembly has its own method of arresting its own members in the House and charging them."

Dr Chongwe also said former Inspector General of Police Francis Kabonde should also be investigated for any criminal offences committed, including conspiring with the executive to create an unfounded war against people of the Western Province.

"Finally, the then minister of Home Affairs Mkhondo Lungu, currently Deputy Speaker of the National Assembly should be removed from his position for inciting the police to use violence against the people of Western Province. The only body which has that power is Parliament itself," Dr Chongwe said.

He said the fracas was caused by the continuous denial of permit by the police in Mongu to facilitate the holding of meetings and violated the right of expression and freedom of assembly of the people.

Dr Chongwe said the people who were arrested were subjected to inhuman conditions.

"All the 132 detainees were subjected to inhuman treatment and injustices by both the police and the prison authorities generally in Mongu in violation of our own Constitution and also the Police Act…sub-article three article 013 of the Constitution," he said.

"…While the detention and prosecution of suspects in Mumbwa and Lusaka might have been necessary given the experiences of the 23rd October 2010 where the courts were overwhelmed during the trial of those arrested for rioting, the proceedings were irregular on account that the accused were denied the right to be heard during the application by the Director of Public Prosecution to the High Court to have the detained people transferred."

He said the conduct of the police before, during and after the riots was unprofessional, and characterised by indiscipline and incompetence.

Dr Chongwe said the government must compensate all families affected.

"The commission recommends that noting the high number of casualties and victims of police brutality which we found as a commission 19 dead, 15 with gunshot wounds and five reported missing, a team of experts be constituted to thoroughly investigate and establish the role played by various leaders and officers both present and serving who may be charged with any criminal offences committed," he said.

Dr Chongwe also said some petitioners called for the total independence and the restoration of the Barotse Agreement while others submitted that self rule would spell suffering for the people and other tribes of the Western Province.

And Zambia National Building Society commission inquiry chairperson Mwila Lumbwe said the building society since inception has only given out 15,000 mortgages against a housing deficit of two million units, meaning it has failed lamentably to satisfy the critical and fundamental benchmark.

He said on the basis of the petitions, it was established that the general public had a view that building society had only delivered mobile financing to the people in Lusaka and the Copperbelt, failing people in other provinces.

Mwila said management of capital of the building society recorded serious losses post 1991 when the government undertook structure adjustment reform.

On the US$98 million redevelopment of Society House, Lumbwe said ZNBS should have hired a transaction advisor to handle a project of that magnitude.

Meanwhile, presenting the report on the Salaries Review Commission, chairperson Professor Muyunda Mwanalushi said there was multiplicity of allowances and conditions of service in the public service.

He said there were currently more than 175 allowances and other conditions of service in the public service.

Prof Mwanalushi said the public service remuneration system was fraught with distortions and disparities.

Professor Mwanalushi also said the Public Service Pension Fund and the Local Authorities Superannuation Fund were technically bankrupt as they had accumulated huge arrears.

"For instance, as at 30th June 2011, the PSPF had pension payments amounting to K339 billion for 1,862 pensioners which had been pending for one year," said Prof Mwanalushi.

President Sata said he could not comment in detail on the salaries commission report because of the ongoing salary negotiations in the public service.

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