24/07/2021
THE LITUNGA AND THE PARAMOUNT CHIEFS OF ZAMBIA, WHAT IS THE DIFFERENCE?
Saturday, 24 July 2021 | By Sibeta Mundia, Barotseland Post
Recently the Litunga and the Paramount Chiefs of Zambia went to the Constitutional Court and won a landmark ruling that upheld their various powers over their respective subjects.
The ruling, however, raised some questions whose answers are detailed here below.
IS THE LITUNGA A PARAMOUNT CHIEF IN ZAMBIA?
Although the Litunga has often been treated like a Paramount Chief in Zambia, he is legally in a unique class different from the Paramount Chiefs.
For example, out of the Eastern Province of Zambia, Gawa Undi exercises his rulership over all the Chewa in Zambia, Malawi, and Mozambique while Mpezeni exercises rulership over all the Ngoni in Zambia. Similarly, Chitimukulu exercises his rulership over all the Bemba in Zambia's Northern Province.
So, their authority is very specific. Gawa Undi, over the Chewa, Mpezeni, over the Ngoni and Chitimukulu over the Bemba.
The Litunga, however, legally exercises his reign and rulership over the entire territory now called the 'Western Province' of Zambia which is home to over 35 ethnicities and/or communities, among them, Aluyi, Chokwe, Fwe, Humbe, Imilangu, Kololo, Kwamashi, Kwamulonga, Kwamwenyi, Kwandi, Kwengo, Leya, Liuwa, Lukolwe, Lushange, Lushange, Luvale, Luvale, Makwamakoma, Mbukushu, Mbumi, Mbunda, Nanzwa, Ndembu, Ndundulu, Nkoya, Nyengo, Shanjo, Shasha, Simaa, Subia, Toka, Totela and Yauma - here listed in their alphabetical order.
This unique status also confirms the Litunga ruler over not only the various people groups but also over the land, water, and everything in the territory.
Non-Chewa, non-Ngoni and non-Bemba people living in the Eastern and Northern provinces of Zambia may not necessarily be subjects of Gawa Undi, Mpezeni and Chitimukulu respectively.
However, all the people living in the Western Province of Zambia, whether they be citizens, visitors, or mere residents, automatically become subjects of the Litunga by law because they are in his territory.
Secondly, all citizens in the territory currently called the Western Province of Zambia, whether born or naturalised in the territory, are collectively known as Barotse, Lozi, Malozi, Barotzis or Barotzish, terminologies derived from 'Barotseland' or 'Bulozi', the actual names of the territory under the Litunga.
Although the Litunga's territory is called Barotseland or Bulozi by its people, in the Zambian laws, the Litunga's territory is officially designated as the Western Province. Therefore, the Litunga's constitutional title is ‘Litunga of Western Province’.
Note here that his title is not ‘Litunga of the Lozi people of Western Province' or 'Litunga of the Lozi speaking people of Western Province’ because his authority extends over everyone and everything in the territory, whether Lozi or not, including over those merely visiting, residing, or working in his territory.
In fact, those who use these erroneous titles either do so out of ignorance or spite and malice!
DOES THE LITUNGA OWN AND RULE OVER THE WESTERN PROVINCE?
The literal translation of the term ‘Litunga’ is ‘Earth’. It is the title given to the 'owner of and sovereign ruler' over the territory (country) of Barotseland – now officially designated in Zambian laws as the Western Province.
Therefore, if his constitutional title is 'Litunga', he must also be the owner of and sovereign ruler of the territory he is Litunga over!
The Litunga’s rule and ownership rights over the territory known today as 'Western Province' have evolved but largely preserved over the centuries. Sadly, the Zambian government policy has often tried to ignore, diminish, or revoke them.
Just like the BSA Company (British South Africa Company) in the early 1900s, the obsession in trying to 'fix' the Litunga and his powers over his Kingdom may be one of post-colonial Zambia's undoing.
After bitter disagreements with the BSA Company which administered the territory for the British, the Litunga’s rights over Barotseland were consolidated when the British colonial government took over in the 1911 Order in Council which amalgamated 'Barotseland-Northwestern Rhodesia' and 'Northeastern Rhodesia' to form Northern Rhodesia which later became Zambia in 1964.
One clause in the 1911 Order in Council provided for the ‘non-alienation of land in Barotseland’ – which means land in Barotseland was to be used exclusively by Barotse people under their ruler.
Another clause confirmed the rights and obligations of the Litunga and the Barotse people under the Concessions/Treaties of 1900.
The Federation of Rhodesia and Nyasaland (Constitution) Order in Council of 1st August 1953, Article 33(2), repeated the provisions concerning the ‘non-alienability of land in Barotseland’ as was contained in both the 1911 and 1924 Orders in Council.
Even in 1961, three years before Zambia's independence, the Northern Rhodesia British Government reaffirmed Britain’s previous commitments and proposed to entrench the Barotse special rights in Orders in Council, announcing further that the ruler of Barotseland would be officially called the LITUNGA - ‘Earth’, i.e., the owner of the land of the Barotseland Protectorate, in place of the BSA Company-imposed ‘Paramount Chief’ title.
These rights have never been cancelled, but have always been passed on and inherited by successful States and their governments.
Since the post-colonial Zambian State simply inherited the Litunga’s status, he is not a ‘Paramount Chief’ but simply ‘The Litunga’!
CAN THE LITUNGA'S RIGHTS OVER WESTERN PROVINCE BE REVOKED?
Technically, no! He owns the territory!
However, an uncivilized Zambian State, with police, guns, and military hardware, could revoke or try to revoke them - only because the Litunga does not have guns and military hardware!
Doing so would, however, be destroying the very foundations upon which the post-colonial Zambian state was built.
Some may not know that the territory today called Western Province in Zambia was by 1964 a separate sovereign state (Barotseland Protectorate) different from the Northern Rhodesian Protectorate that became Zambia at independence.
Barotseland Protectorate only became part of this post-colonial state after the Litunga signed a tripartite treaty called 'The Barotseland Agreement 1964', with Northern Rhodesia Protectorate and Britain, so that the two separate British Protectorates could proceed to political independence as ‘One Nation’.
The Barotseland Agreement 1964, however, did not mean Barotseland would vanish or diminish within Zambia, but that Barotseland, with its government, would enure and flourish within independent Zambia.
What the British did with Northern Rhodesia and Barotseland, they had similarly done with Malaysia and Singapore a year earlier in a treaty involving the Federation of Malaya, North Borneo (Sabah), Sarawak and Singapore.
The 1963 agreement was titled the Malaysia Agreement 1963 (MA63) while the 1964 agreement was titled the Barotseland Agreement 1964 (BA64), and both agreements were completed and signed in London respectively.
Singapore and Malaysia, which went on to separate in 1965 after bitter disagreements, are two flourishing neighbouring sovereign states today.
So, the Litunga reigns over all people, land, water, and everything in today's Western province of Zambia. The Zambian state, however, would administer the territory with the cooperation and the permission of the Litunga.
Sadly, however, this envisioned relationship has not worked well, largely because the Zambian state has been hell-bent on 'fixing' the Litunga and his powers over the territory, leaving the territory not only so run-down but also economically isolated with above 82.2% poverty levels while in Lusaka, the capital of Zambia, poverty levels are only 22%, smirking the economic abandonment of the Litunga's territory.
Since 2011, calls for Barotseland independence have been rife in the territory, although the uncivilised Zambian state continues to use its police, guns, and military to suppress any peaceful calls for Barotseland self-determination.
FILE: Imwiko II - The Litunga of Barotseland
https://barotselandpost.com/features/editorial-commentary/the-litunga-and-the-paramount-chiefs-of-zambia-what-is-the-difference

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