SOLICITOR GENERAL
P.O. BOX 50106, LUSAKA
Ministry of Justice
Independence Avenue
LUSAKA.
CONGRATULATORY MESSAGE
ON YOUR RECENT LANDMARK SUBMISSION TO THE INTERNATIONAL COURT OF JUSTICE (IC)
It is my honour and pleasure to convey to you this congratulatory message on behalf of the
Barotse National Freedom Alliance, the peace-loving people of Barotseland and indeed on my
own behalf for your landmark submission on behalf of the Zambian Government at the recent
International Court of Justice (ICJ) hearing on the Israeli — Palestinian conflict.
lam conveying this message as a Trustee of the Barotse National Freedom Alliance (BNFA) and
as a concerned citizen, please therefore note my interest. BNFA is an organisation assigned to,
amongst other things, implement resolutions of the Barotse National Council (BNC) of 2012 ina
DIPLOMATIC, LEGAL, PEACEFUL AND NON-VIOLENT manner, please therefore note my
interest.
As you may be aware, the BNC was sanctioned and its resolutions endorsed by The Litunga,
King of Barotseland and the Barotse Royal Establishment (BRE).
Having closely monitored the IC) proceedings and in particular you eloquently presented
submission with great interest, allow me to quote your closing remarks that are of particular
interest to us, and | quote:-
“As we conclude, we wish to submit that the Court is neither the only dispute mechanism
available nor is the best in all circumstances. The best dispute resolution mechanism is the
one that delivers optimal and suitable solutions depending on the particular circumstances of
each case and there is certainly no one size fit all”
Mr. President, those of us who have practiced law for many years know how in determining a
Winner and a Loser, the Court’s decisions have in almost all cases left permanently ruined
relationships between neighbours on a difference that could have been resolved in a better
way by adopting alternative dispute resolution mechanism such as a negotiated settlement,
conciliation or mediation.
In conclusion therefore, The Republic of Zambia reiterates the call for relentless efforts aimed
at achieving peace in the Middle East based on the principle of a two states solution. Both
Israel and Palestine have a duty to respect International Human Rights Law and International
Humanitarian Law. Therefore any recourse to the conflicts should not be one that puts blame
squarely on one party but rather one that advances a negotiated solution ……” End quote.
Mr. President, those of us who have practiced law for many years know how in determining a
Winner and a Loser, the Court’s decisions have in almost all cases left permanently ruined
relationships between neighbours on a difference that could have been resolved in a better
way by adopting alternative dispute resolution mechanism such as a negotiated settlement,
conciliation or mediation.
In conclusion therefore, The Republic of Zambia reiterates the call for relentless efforts aimed
at achieving peace in the Middle East based on the principle of a two states solution. Both
Israel and Palestine have a duty to respect International Human Rights Law and International
Humanitarian Law. Therefore any recourse to the conflicts should not be one that puts blame
squarely on one party but rather one that advances a negotiated solution ……” End quote.
You have further stated that, quote:- “ZAMBIA RECOGNISES THE INALIENABLE RIGHT OF THE
PALESTINIAN PEOPLE TO SELF-DETERMINATION”. End quote (Zambia Daily Mail —- Wednesday
February 28, 2024) Solicitor General, we cannot agree with you any more on that score as this
declaration is enshrined in International and Human Rights Law and must surely apply to
Barotseland, the abrogation of the Barotseland Agreement of 1964 (BA64) notwithstanding.
Our commendations to you therefore, are based on the fact that the foregoing statements
speak to a civilised manner of dealing with matters especially of dispute nature as opposed to
high-handed, strong arm and oppressive tactics against unarmed and defenceless people. The
International Instruments and doctrines you ably quoted in your presentation, in particular the
principle of sanctity of treaties Pacta Sunt Servanda which are now as forming jus cojens and
obligations erga omnes, no doubt point to the need for PEACEFUL SET TLEMENT OF DISPUTES.
The Barotseland dispute arising from the unilateral abrogation/repudiation of the Barotseland
Agreement 1964 (BA64) stands out as such a dispute in the case of Zambia.
It is against this background that the BNFA appeals to you, as Solicitor General of Zambia with
Constitutional powers and mandate to provide legal advice to the Executive arm of
Government to impress upon it to attend to the Barotseland impasse in the same spirit as your
unequivocally belaboured position during your presentation to the IC). We believe you have the
rare opportunity to redeem your veracity and professional acumen and judiciously render
considered and appropriate legal advice to the Government of Zambia.
Once again we commend and thank you for your presentation to the ICJ of which we take
serious note. It is our considered view that this should be the starting point towards reaching
an amicable settlement to all the parties in respect of the unilaterally abrogated Barotseland
Agreement of 1964 by the then Zambian Government in 1964. The issue of Barotseland cannot
be simply wished away as historical experience shown. We fervently believe that the time is
now ripe more than ever before for an amicable solution. We should not behave like the
proverbial ostrich that “buries its head in the sand” as if to hide from a looming danger.
In this regard, we will continue to insist that President Hakainde Hichilema seriously
and urgently considers appending his signature to the PERMANENT COURT OF
ARBITRATION SUBMISSION document that was presented time soon after he
assumed office. The said document was presented to His Excellency in the firm belief
that he remains committed to his 2021 pre-election assurance for an AMICABLE
SOLUTION to the Barotseland impasse. We are concerned and saddened that so far
there is only a deafening silence from His Excellency.
Harrington, the article prior your BRE has announced that its engaging with the state over the “impasse” and you have sought court action.
So you are undermining the Royal Establishment?
Mr Harrington, since it’s rumoured that you and even your king live in Lusaka is it possible to ask the government to cut costs and just meet here in Lusaka?
William, don’t be stupid and a coward. You were a minister in FTJ government, why did you not get the shit you now want to champion? STUPID IDIOT.
Mu coloured wopusa! Afuna kofela. While eating as a minister in the FTJ government, you forgot about all these issues.
People committed to real democracy know when an issue is beyond the leadership alone to decide. Such people often call for a referendum so that if the decision turns out wrong, the leadership is not blamed. Why’s the word ‘referendum’ never mentioned by Barotse activists as a possible way of deciding the Barotse question? Ordinary Barotse should have reason to be careful with its traditional leadership.