THE BAROTSELAND AGREEMENT 1964

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THE BAROTSELAND AGREEMENT 1964

The following is the Barotseland Agreement dated 19th May 1964 and produced by HER MAJESTY’S STATIONERY OFFICE.

THE BAROTSELAND AGREEMENT 1964
Presented to parliament by the secretary for commonwealth relations by command of her majesty – May 1964

LONDON
HER MAJESTY’S STATIONERY OFFICE
EIGHTPENCE NET
Cmnd.2366

THE BAROTSELAND AGREEMENT 1964

Following talks in London between the British Government, the Government of Northern Rhodesia and The Litunga of Barotseland; an Agreement regarding the position of Barotseland within independent Northern Rhodesia was concluded at the commonwealth Relations office on 18 th May, 1964. It is entitled, “The Barotseland Agreement 1964″. It was signed by Dr.K.D.Kaunda, Prime Minister of Northern Rhodesia, by Sir Mwanawina Lewanika III,K.B.E Litunga of Barotseland and by the Right Honourable Duncan Sandys M.P Secretary of State for common wealth Relations and for the colonies signifying the approval of Her Majesty’s Government.

The text of the Agreement is attached as the Appendix to this paper.
19th May, 1964.

This Agreement is made this eighteenth day of May, 1964 between KENNETH DAVID KAUNDA, Prime Minister of Northern Rhodesia of the one part and SIR MWANAWINA LEWANIKA THE THIRD ,K.B.E., Litunga of Barotseland, acting on behalf of himself, his heirs and successors, his council, and the chiefs and people of Barotseland of the other party is signed by the Right Honourable Duncan Sandys, M.P Her Majesty’s principal secretary of state for common wealth relations and for the colonies, to signify the approval of her majesty’s government in the united kingdom of the arrangements entered into between the parties to this agreement and recorded therein.

Whereas it was proposed that the northern Rhodesia shall become an independent sovereign state to be known as the republic of Zambia.

And where as it is the wish of the government of northern Rhodesia and of the Litunga of Barotseland,his council and the chiefs and people of Barotseland that northern Rhodesia should proceed to independence as one country and that all its peoples should be one nation:

And where, as having regard to the fact that all treaties and other agreements subsisting between her majesty the queen of the United Kingdom of great Britain and northern Ireland and The Litunga of Barotseland will terminate when Northern Rhodesia becomes an independent sovereign republic and her majesty’s government in the United Kingdom will there upon cease to have any responsibility for the government of Rhodesia including Barotseland. It is the wish of the government of northern Rhodesia and of The Litunga of Barotseland to enter into arrangements concerning the position of Barotseland as part of the republic of Zambia to the place of the treaties and other agreements hitherto subsisting between Her Majesty the Queen and The Litunga of Barotseland:

And whereas on the sixteenth day of April,1964 a provisional agreement was concluded at Lusaka with purpose and it is the desire of the government of northern Rhodesia and The Litunga, acting after consultation with his council to conclude a permanent agreement with this purpose:

NOW THIS AGREEMENT WITNESSETH and it is hereby agreed between the said Kenneth David Kaunda, Prime Minister of Northern Rhodesia, on behalf of the government of Northern Rhodesia and the said Sir Mwanawina Lewanika the Third, K.B.E., Litunga of Barotseland on behalf of himself, his heirs and successors ,his Council and the chiefs and the people of Barotseland as follows:-

  1. Citation and commencement
    This agreement may be cited as the Barotseland Agreement 1964 and shall come into force on the day on which Northern Rhodesia, including Barotseland, becomes the independent sovereign Republic of Zambia.
  2. The Constitution of Zambia
    1. The constitution of the republic of Zambia shall include the provisions agreed upon for the inclusion herein at the constitutional conference held in London in May, 1964 relating to:-(a) the protection of human rights and fundamental freedoms of the individual;
    2. the judiciary; and
    3. the public service

    and those provisions shall have full force and effect in Barotseland.

  3. Administration of Justice
    1. Subject to the provisions of this Agreement, the people of Barotseland shall be accorded the same rights of access to the high court of the republic of Zambia as are accorded to other citizens of the Republic under the laws for the time being in force in the Republic and a judge or judges of the high court selected from among the judges who normally sit in Lusaka shall regularly proceed on circuit in Barotseland at each intervals as the due administration of justice may require.
    2. The people of Barotseland shall be accorded the same rights of appeal from the decisions of the courts of the Republic of Zambia as are accorded to other citizens of the Republic under the laws for the time being in force in the Republic.
  4. The Litunga and His Council
    1. The government of the republic of Zambia will accord recognition as such to the person who ois for the time The Litunga of Barotseland under the customary law of Barotseland.
    2. The Litunga of Barotseland, acting after consultation with his Council as constituted for the time being under the customary law of Barotseland shall be the principal local authority for the government and administration of Barotseland.
    3. The Litunga of Barotseland, acting after consultation with his Council, shall be authorised and empowered to make laws for Barotseland in relation to the following matters, that is to say-
      1. The Litungaship;
      2. The authority at present known as the Barotse Native Government (which shall hereafter be known as the Barotse Government);
      3. The authorities at present known as Barotse Native Authorities;
      4. The courts at present known as Barotse Native Courts;
      5. The status of the members of the Litunga’s Council;
      6. matters relating to local government;
      7. land;
      8. forests;
      9. traditional and customary matters relating to Barotseland alone;
      10. fishing;
      11. control of hunting;
      12. game preservation;
      13. control of bush fires;
      14. the institution at present known as the Barotse native treasury;
      15. the supply of beer;
      16. reservation of trees for canoes;
      17. local taxation and matters relating thereto; and
      18. Barotse local festivals.
  5. Land
    1. In relation to land in Barotseland the arrangements set out in the annex hereto shall have effect.
    2. In particular, the Litunga of Barotseland and his Council shall continue to have the powers hitherto enjoyed by them in respect of land matters under customary law and practice.
    3. The courts at present known as the Barotse Native Courts shall have original jurisdiction(to the exclusion of any other court in the republic of Zambia)in respect of matters concerning rights over or interests in land in Barotseland to the extent that those matters are governed by the customary law of Barotseland:
      Provided that nothing in this paragraph shall be construed as limiting the jurisdiction and powers of the High Court of the Republic of Zambia in relation to writs or orders of the kind at present known as prerogative of writs or orders.
    4. Save with the leave of the court at present known as the Saa- Sikalo Kuta, no appeal shall lie from any decision of the courts at present known as the Barotse Native Courts given in exercise of the jurisdiction referred to in paragraph (3) of this article to the High Court of the Republic of Zambia.
  6. Civil Servants
    All public officers of the Government the Republic of Zambia who may from time to time be situated in Barotseland shall be officers serving on permanent and pensionable terms.
  7. Financial Responsibility
    The Government of the Republic of Zambia shall have the same general responsibility for providing financial support for the administration and economic development of Barotseland as it has for other parts of the Republic and shall ensure that, in discharge of this responsibility, Barotseland is treated fairly and equitably in relation to other parts of the Republic.
  8. Implementation
    The Government of the Republic of Zambia shall take such steps as may be necessary to ensure that the laws for the time being in force in the Republic are not inconsistent with the provisions of this Agreement.
  9. Interpretation
    Any question concerning the interpretation of this Agreement may be referred by the Government of the Republic of Zambia to the High Court of the Republic for consideration (in which case the opinion thereon of the Court shall be communicated to that Government and to the Litunga of Barotseland and his Council) and any such question shall be so referred if the Litunga, acting after consultation with his Council, so requests.
  10. Revocation
    The herein before recited Agreement of the sixteenth day of April, 1964 is hereby revoked.

In witness whereof the parties hereto
Have hereunto set their hands in the
Presence of:

K.D.KAUNDA Prime Minister of Northern Rhodesia (Signed)

E.D. HONE Governor of Northern Rhodesia (Signed)

(Signed) IMENDA SIBANDI Ngambela of Barotseland

MWANAWINA LEWANIKA III Litunga of Barotseland

Signed by the Right Honourable Duncan Sandys in the presence of :- (Signed)
(Signed) RICHARD HORNBY DUNCAN SANDYS
Parliamentary Under Secretary of Her Majesty’s Principal Secretary
State for Commonwealth Relations of State for Common wealth Relations And for the Colonies And for the Colonies

ANNEX TO THIS AGREEMENT

  1. The Litunga and National Council of Barotseland have always worked in close co-operation with the Central Government over land matters in the past have agreed that the Central government should use land required for public purposes, and have adopted the same procedures as apply to leases and rights of occupancy in the Reserves and Trust Land areas, where applicable. At the same time, the administration of land rights in Barotseland under customary law and practice has been under the control of the Litunga and National Council in much the same way as customary land rights are dealt with in the Reserves and Trust Land areas.
  2. In these circumstances it is agreed that the Litunga should continue to have the greatest measure of responsibility for administering land matters in Barotseland. It is however, necessary to examine the position of land matters in Barotseland against the background of the Northern Rhodesia Government’s overall responsibility for the territory.
  3. The Barotse memorandum has indicated that Barotseland should become an integral part of Northern Rhodesia. In these circumstances the Northern Rhodesia Government will assume certain responsibilities and to carry these out they will have to have certain powers. so far as land is concerned, apart from confirmation of wide powers the Litunga over customary matters ,the position is as follows:-
    1. The Northern Rhodesia Government does not wish to derogate from any of the powers exercised by the Litunga and Council in respect of land matters under customary law and practice.
    2. The Northern Rhodesia Government would like to ensure that the provision of public services and the responsibility of economic development in Barotseland are not hampered by special formalities.
    3. The Northern Rhodesia Government recognises and agrees that full consultation should take place with the Litunga and Council before any land in Barotseland is used for public purposes or in the general interests of economic development.
    4. The position regarding land in Barotseland in an independent Northern Rhodesia should ,therefore, be as follows:-
      1. There should be the same system for land administration for the whole of Northern Rhodesia including Barotseland, that is, the Government Lands Department should be responsible for professional advice and services with regard to land alienation in all parts of Northern Rhodesia and that the same form of document should be used for grants of land (i) for Government purposes and (ii) for non-Government and non-customary purposes. The necessary preparation of the title documents should be done by the Government Lands Department.
      2. The Litunga and National Council of Barotseland will be charged with the responsibility for administering Barotse customary land law within Barotseland.

 

 

 

Printed in England and published by
HER MAJESTY’S STATIONERY OFFICE

Comments Closed

26 Responses to THE BAROTSELAND AGREEMENT 1964

  1. One ZAMBIA one NATION. Lozi’s luna lu ma ZAMBIANS lets be one and move forward not back some of these issues will only bring tribal disputes

    BONNIFACE - January 16, 2012
    03:09

  2. Pipo should understand that barotsteland is a nation with a nation.I dont understand y,pipo wants to argue for the sake of arguieng.Evn th PF government knw it better.For the point of correction barotseland is not western province,it covers soutern,lusaka,coperbelt,northwestern province.an advice shuold be like,since the agreement was abrogated by an educated kaunda who ruled this country elligally,y cause he is not a zambian.

    KINA - January 12, 2012
    09:44

  3. KK’s government did the right thing to abrogate this illegal document and saved the country from a lot of problems.

    Mwanawina and his relatives thought they were clever by trying to trap Independent Zambia into some kind of contract i.e. agreement.

    This group used their ill gotten western education to try and dupe other Zambians into believing that they were some sort of state when in actual fact that was not the case. |

    The worst mistake the BRE made was to heavily rely on the British government and to think that they will continue to offer them support after Zambia was formed.

    Just like Scotland is gearing for Independence, we are also getting ready for Kafue Province.

    We believe that the international borders of Zambia should not be tempered with just to please a few selfish individuals who lack appreciation of what Zambia has done for us all.

    Yes, our country as a whole remains largely underdeveloped but this is the issue that elected politicians need to address not trying to divide the country along tribal lines.

    We believe that there is a clear case for more provinces to be created within the borders of Zambia to improve government representation of different stakeholders, and to have better managed areas while remaining united as a country.

    Muchinga Province, we believe was created for that purpose.

    The next should be Kafue Province because Western Province is now too big.

    The PF government must move fast on this issue so that we can focus our attention on fulfilling developmental ideas that we have for our new province.

    The youths want employment, Zambians want better infrastructure i.e. roads, hospitals, schools etc in all corners of the country and the most important of all is that the peace that we have always enjoyed should be maintained by all costs.

    Viva PF, Viva Democracy, Viva Kafue Province and Viva One Zambia One Nation.

    Kafue Province Advocate - January 12, 2012
    08:24

  4. Please,dont be comparing the litunga to your chiefs,do you have any of them holding the titles like “Sir mwata….”oh no.comparing the litunga to your chiefs is like reducing his exallency to a local councellor.look at the title again, “SIR MWANAWINA LEWANIKA THE THIRD ,K.B.E., Litunga of Barotseland”.the zambian goverment should find out how tanzania and zanzibar are operating.the is no word of sessation in the document but powers confered upon the litunga and his heirs.You will also find the words.barotse government and that the recognition of the BA 64 shall always be cited in the constitution of zambia spelt out clearly.if the constitution of zambia leaves out the BA64,the interpretation therefore is that barotse does not exist in zambia.those calling for succesion are doing so because the zambia constitution leftout the BA 64.if the current constitution leaves out that ,am afraid then large demos on BA 64 would have been sanctioned.

    blackbull - January 12, 2012
    07:41

  5. Kaunda and the Zambian successive govts shame on you. And people shall know the truth and only truth shall set us all free.
    You can take a Lozi away from Barotseland but you can not take Baroseland away from a Lozi.
    Zambians shall know all truth,nothing but the whole truth.
    Amen.

    Kay Love - January 12, 2012
    07:19

  6. in total support of BA.LETS GO GUYZ.viva BA viva

    bonaventure - January 12, 2012
    06:51

  7. Plz BRITAIN,as yhu can see,we have completely to rule ourselves,just come and RE-COLONISE US…

    Evelyn Hone - January 12, 2012
    06:32

  8. its now useless to belong to bemba dominated sata thing. viva BA 64

    daniel mayapi - January 11, 2012
    22:39

  9. the truth hates…like it or not, zambia has failed to take development to Barotseland…Maybe with the discovery of oil the Litunga will bring development to Barotse with the help of the British Government.

    LOCHNER - January 11, 2012
    22:04

  10. Scotland is to hold a vote to be a nation away from u.k.
    LET GOVERMENT HOLD A REFERENDUM ON BAROTSELAND LIKE SCOTLAND.

    IDI AMIN - January 11, 2012
    21:32

  11. Literature on this subject is quite wide and readily available starting from Federation period and the British Hansard covering debates on Independence of Nothern Rhodesia.It is good history to follow.Insults and hate have never expurged History.

    Mutala - January 11, 2012
    20:54

  12. Is there a question in our future?

    MP - January 11, 2012
    20:31

  13. Viva Barotseland!
    It is better to disintegrate from this useless thing called Zambia.
    If you come from Kolwe kingdom the Barotse issue is out bounce ba fikala.
    It is better southern,north western and western should sit down write constitution of the Limited monarch Barotseland.

    Adamson Mushala II - January 11, 2012
    20:12

  14. It is better to disintegrate from this useless thing called Zambia.
    If you come from Kolwe kingdom the Barotse issue is out bounce ba fikala.
    It is better southern,north western and western should sit down write constitution of the Limited monarch Barotseland.

    Adamson Mushala II - January 11, 2012
    20:10

  15. Get tired and ship out of the blog. The truth must be told.

    Tubulu - January 11, 2012
    20:02

  16. Dear ZWD, what is really of issue here is the 1964 Constitution of Zambia. You should publish that and see whether it did include provisions of the BA64. The next thing is to check the subsequent amendments to the constitution and how those provisions dropped out.

    THE SAINT - January 11, 2012
    19:49

  17. By the way, if we are not careful, our friends in Chipata and Malawi will soon ask for Paki Land as they are in kingly state of luxuries.
    Stop the nonsense and stop the sowing of seeds of secession on tribal and religious lines.

    Born again Zambia - January 11, 2012
    19:28

  18. Did Britain rule Zambia legally?
    Who the hell they are to give us independence?
    We fought for it and got it. Any agreement signed (to kick them out) was done as per the need of the hour.

    Zambia is one and there is no more 74 tribes, but one TRIBE- Mother Zambia and all are its children. Anybody talking on tribal and clannish lines is out of reality on the ground.

    Born again Zambia - January 11, 2012
    19:26

  19. watchdog dont have productive issues to discuss? Wat is ur aim? Wat are you tryin to promote?

    sims - January 11, 2012
    18:54

  20. I agree with Miles,this agreement serves no purpose being displayed on this Website , I believe there are many peaceful ways and forum to put this matter to rest in a all incusive manner, there is only one tribe in Zambia called Zambian if you really think about it with all the inter marriages that have taken place in Zambia there really is no pure breed!!

    fairness - January 11, 2012
    18:35

  21. So, this document is annexed?

    Ok! - January 11, 2012
    18:32

  22. LONDON — Scottish leader Alex Salmond clashed with the British government Wednesday by insisting that the people of Scotland should set the terms of a referendum on independence, not British politicians.
    British Prime Minister David Cameron’s government favors allowing the Scots a vote on whether their country should become independent, but suggested that Scotland should choose between total separation and the status quo.

    Read more: http://www.foxnews.com/world/2012/01/11/scots-leader-scotland-must-run-independence-vote/?test=latestnews#ixzz1jAW2PQM6

    Felix Banda - January 11, 2012
    18:24

  23. Zambian Watchdog, kindly use your normal font style. I am not able to read this article.

    Munasikwanda - January 11, 2012
    18:12

  24. -supply of beer
    -Trees for canoes………funny!!!

    Annan - January 11, 2012
    18:05

  25. Thanks to the BA’64, barotseland must secede without delay. One thing stands out clearly, barotseland has not been treated fairly and equitably as required and as provided for in the BA’ 64. As it is clear that zambia has failed to act in line with the agreement, i think we have to secede.

    Von franz - January 11, 2012
    18:02

  26. Kindly remove this issue from the site, we sick and tired about it. It serves no interest other than sawing discord and division among peacefully living zambians.

    Miles - January 11, 2012
    17:47