The Zambian High Court has ruled to dismiss Nabiwa Imikendu and others in their litigation against the Litunga of Barotseland with costs.
A full High Court bench of judges comprising Judges G.C Chawatama, Charles Zulu and W.G.K Muma on Wednesday, 30th December 2020 unanimously ruled in favour of the defendant, His Majesty Imwiko II, with costs awarded.
The plaintiffs namely Nabiwa Imikendu, Litia Charles Mutemwa, Mukubesa Ilukena and Mumbisho Liswaniso will have to pay all costs of the litigation including those incurred by the Defendant.
This is in a case where on February 3, 2017, the Plaintiffs took out an originating notice of motion in the High Court at the District Registry at Mongu.
And in their affidavit in support of the originating notice of motion, the Plaintiffs, who described themselves as Zambian Nationals and traditional loyalists with vested interests aimed at ensuring that Lozi tradition and custom is upheld, promoted and sustained for the cultural heritage, wanted the court to order that the defendant, Edwin Lubosi Imwiko, who they sued in his capacity as Litunga of the Western Province of Zambia, abdicates for what they termed as gross incompetence and abuse of authority.
LUSAKA – While commenting on a Zambian lawyer’s explanation of the difference between a presidential pardon and parole, prominent Zambian Media commentator Kasebamashila Kaseba has wondered why many Zambians, particularly the legal fraternity, have remained mute on a glaring error that happened last year in which a Minister of Home Affairs reportedly cancelled and reversed a presidential pardon of Barotseland campaigner, Afumba Mombotwa, several hours after the political prisoner was publicly and formally announced to have been pardoned by the Republican President.
To this day, Mr Afumba Mombotwa's name is still listed on President Edgar Lungu's verified Facebook profile as having been pardoned unconditionally by the President from his 15-year prison sentence, while he remains in jail for treason under the laws of Zambia.
Many people can claim to be members of Linyungandambo, Barotseland’s leading independence movement, but very few know what it takes to be a true Linyungandambo.
A true Linyungandambo must subscribe to the movement’s core ideals and beliefs sometimes called the Linyungandambo Philosophy, which was later developed and integrated into what is now Royal Barotseland’s Nationalist Guide.
It was in their quest to build a cadre of knowledgeable followers that the independence movement developed and formulated the Nationalist’s Guide which they then distributed through the Barotseland National Information Centre system whose objectives were:
Another prominent Barotseland campaigner, Nayoto Lyamba, has died after an illness barely a month following the death of Barotseland independence campaigner, Likando Pelekelo, who died in a Zambian state penitentiary while serving a treason jail sentence for his peaceful Barotseland activism.
Mr Lyamba died yesterday, Thursday, 17th September 2020, at Lewanika General Hospital where he had been hospitalized for some time.
Nayoto Lyamba, 81, joined the Linyungandambo Barotseland Independence Movement right when it started in 2010 as its regional Chairperson for Mongu region.
Mr Lyamba, however, retired from Barotseland activism shortly after his arrest in January 2011 during the Rupiah Banda Zambian administration which arrested over two hundred peaceful Barotse who were headed to a peaceful public gathering at Limulunga Royal Kuta grounds.
The Confederation of Independent Football Associations (CONIFA), African region, has unanimously elected Barotseland as its continental President for the rest of the year.
And announcing its election, Royal Barotseland Ambassador-designate, His Excellency Hon Christian Luzongo Kalaluka, who will officially hold the continental CONIFA presidency on behalf of the elephant Kingdom of Royal Barotseland, has said that his tenure will run up to January 2021 when the next Annual General Meeting (AGM) will sit to elect the next president, which Barotseland will still be eligible to contest.
“I was voted unopposed by the Global ExCo (Executive Committee) after being endorsed by all African Member Countries," announced the notably excited Hon Christian Luzongo Kalaluka, who will also be a member of the CONIFA Global Governing Body by being President for Africa.
The Litunga la Mboela, Barotseland’s Queen of the South, who is second in the hierarchy and co-ruler with the Litunga, King of Barotseland, is shocked to learn of the sudden death of Likando Pelekelo, the Barotseland independence campaigner who died in Zambia’s Mukobeko maximum prison on 15th August 2020.
Speaking through Acting Sambi (Ngambela), Malitela Malitela, when Her Royal Highness conferred with a team of Linyungandambo leaders at the Nalolo Royal Palace on Tuesday 1st September 2020, the Litunga la Mboela, Mbuyu, said the death of Likando was painfully shocking and saddening not only to the people of Nalolo domain but also to the entire nation of Royal Barotseland.
And Acting Sambi, the Ngambela or Prime Minister at the Nalolo Kuta, Malitela, said that Her Royal Highness, The Litunga la Mboela, has invited the Linyungandambo leaders for a courtesy visit to enable Her Royal Highness and the Nalolo Kuta offer their condolence to the independence movement, the Likando family and the people of Barotseland after Likando shockingly died in Zambian state prison.
Her Royal Highness said the Kuta was unable to participate directly at the funeral and burial in Senanga because everything happened so shockingly sudden.
Consequently, Her Royal Highness has urged the Linyungandambo to freely visit the Litunga la Mboela’s Kuta as often as was possible and necessary so that the Kuta would also be up to date with the independence movement’s continued peaceful campaign for Barotseland self-determination.
The Linyungandambo, Barotseland’s main independence advocates, were at the Barotse Royal Establishment (BRE) Limulunga Kuta on Thursday morning to officially convey their gratitude to His Majesty, The Litunga, King of Barotseland, for allowing the BRE’s active participation during the burial of Barotseland independence campaigner’s funeral and burial.
In his message of gratitude, Linyungandambo’s National Chairperson, Silumesii Mubita, thanked His Majesty King Imwiko II, the Ngambela and the entire BRE Kuta for their show of solidarity during this moment of national loss.
“On behalf of the Likando family, Linyungandambo movement, Barotseland activists and the people of Barotseland, and indeed on my own behalf, I wish to sincerely convey our overwhelming gratitude to His Majesty - the Litunga, King of Barotseland, Your Honour and through you, the entire Kuta for the love, empathy and solidarity showed to our departed gallant compatriot, Likando Pelekelo, who we put to rest on Tuesday, 18th August 2020, as well as your demonstrated support for the emancipation of Barotseland through the 2012 BNC Resolutions.”
Linyungandambo, the main Barotseland independence movement, has vowed to continue the campaign for Barotseland as they blame the Zambian state and President Edgar Lungu, in particular, for the death of their leader.
Likando Pelekelo (65), a member of Linyungandambo and the Afumba-led Barotseland Transitional Government, BTG, died in a Zambian state penitentiary in unclear circumstances last Saturday, 15th August 2020 while serving a 15 –year sentence for his role in the peaceful campaign for Barotseland independence from the Republic of Zambia.
Speaking shortly after the burial of Likando Pelekelo, the Linyungandambo Spokesperson, Samuel Kalimukwa, said the Zambian state must accept responsibility for the Barotseland campaigner’s death, while President Lungu is personally held responsible because he has had several opportunities to release Likando Pelekelo and his compatriots, Afumba Mombotwa and Inambao Kalima, from jail over the years but refused to do so.
His Majesty, The Litunga, King Imwiko II, sanctioned the Barotse Royal Establishment, BRE, to observe the day of Likando Pelekelo’s burial as 'Moonda', a royal holiday, at all regional Kuta in the Kingdom.
As such, the Ngambela (Barotseland's Prime Minister), Manyando Mukela, after consultations with the Saa Kuta, the highest royal court, instructed that Moonda be observed on Likando’s burial day, and the day before it, to mourn the dearly departed Barotseland independence campaigner.
Moonda is a special royal holiday accorded mostly to royal individuals and serving or past ministers, such as the Prime Ministers, upon their death. However, in very special circumstances, the Moonda is observed upon the death of a highly distinguished non-royal who has been deemed deserving the rare honour.
After some initial controversy between a section of the family and Barotseland activists, it has been resolved that Likando Pelekelo’s burial proceeds today in harmony.
And the family has requested the Barotseland independence campaigners to lead the burial program, supported by the Barotse Royal Establishment (BRE) who have assigned two Senior Limulunga Induna (Royal Council Members) to represent the royal establishment as the other members of the wider independence movement share responsibilities in the procession.
The youthful Barotse Imilema (BI) have been assigned as pallbearers of the casket wrapped in one of Barotseland's old flags, while each participating movement will be allowed to give their messages of solidarity.
Other speeches will be presented by the BRE, Linyungandambo and the Barotseland Transitional Government (BTG), while Barotseland's national anthem has characterised the procession alongside some church dirge.
Some known Patriotic Front (PF) cadres, who are related to deceased Barotseland leader, Likando Pelekelo, have threatened to involve Zambia state police to arrest all Barotseland activists who will insist on according Likando a heroes’ funeral and burial.
The named family members, Washanga Eddie Maswabi and a former District Education Board Secretary (DEBS) - now Commissioner at the Teaching Council of Zambia, Mulonda Sendoi, who are known active members of Zambia’s ruling party, want to bury Likando Pelekelo early Tuesday morning without involving Barotseland Political leaders in a low key family procession while threatening to call on state police to arrest all those who will insist on making any other arrangements.
The latest turn of events has emerged after the duo was informed that the Barotseland activists had requested for a parcel of land from the Barotse Royal Establishment (BRE) to serve as a memorial park where heroes like Likando Pelekelo would be put to rest.
Messages of condolence have continued to pour from all sectors of the Barotse community following the untimely death of Likando Pelekelo in Zambia’s maximum prison yesterday where he was serving a 15-year jail sentence for his peaceful campaign for Barotseland’s self-determination.
Likando Pelekelo, 69, a political prisoner, died in unclear circumstances but possibly connected to Zambian state neglect and deplorable prison conditions in Zambia’s Mukobeko maximum prison.
And a Barotseland transitional government (BTG) spokesperson, Mr Lubinda Kunangela, has commended the united solidarity that has ensued as the elephant Kingdom mourns what he called a ‘gallant soldier’ and a ‘strong pillar’ in the struggle for peace, justice and freedom of Barotseland.