Below are full details of the court case submitted by Lozi traditional leaders seeking to remove Imwiko Lubosi as Litunga
IN THE HIGH COURT OF ZAMBIA AT THE MONGU DISTRICT REGISTR Y HOLDEN AT MONGU.
IN THE MATTER OF : ORDER VI RULE 2 OF THE HIGH COURT RULES (HCR) PURSUANT TO CHAPTER 27 OF THE LAWS OF ZAMBIA.
IN THE MATTER OF : ARTICLES 165 AND 166 OF THE CONSTITUTION OF ZAMBIA (AMENDMENT ) ACT , 2016 (as read together with ) THE CONSTITUTION OF ZAMBIA.
NABIWA IMIKENDU——- 1ST
LITIA CHARLES MUTEMWA —— 2ND APPLICANT
MUKUBESA ILUKENA——-3RD APPLICANT
EDWIN LUBOSI IMWIKO ——– RESPONDENT
(SUED IN HIS CAPACITY AS LITUNGA OF WESTERN PROVINCE )
AFFIDAVIT IN SUPPORT OF ORIGINATING NOTICE OF MOTION.
WE , THE ABOVE -NAMED PERSONS ORDINARILY RESIDENTS OF IN THE MONGU DISTRICT OF THE WESTERN PROVINCE OF THE REPUBLIC OF ZAMBIA DO HEREBY MAKE OATH AND SAY as follows :
1. THAT our full names and particulars are set – out above.
2.THAT we are Zambian nationals and traditional loyalists with vested interest aimed at ensuring that Lozi tradition and custom is upheld promoted and sustained for the common good of posterity and cultural heritage.
3.THAT a random survey conducted across the province ,including district structured manned by district chiefs under the Barotse royal establishment and the wider majority of the Lozis averaging 92%,are in open disapproval of Edwin Lubosi Imwiko ‘s litungaship and would for once want the respondent herein to vacate the throne for apparent gross incompetence and abuse of authority punctuated by flippant attitude to the needs of his subjects.
4. THAT ever since the respondent ascended to the throne on 13th October, 2000, Edwin lubosi imwiko has been sneaking -out of the palace to attend to his business fortunes around and outside the jurisdiction of his chiefdom without prior notification thereby putting his advisors and subjects in an awkward position.
5.THAT attempts to sit the said Edwin Lubosi imwiko down and advise the respondent of the repercussion that go with failure to observe tradition and culture norms has often been with fierce resistance to the extent that traditional institutions of governance within the Barotse royal establishment have been rendered ineffective and on all accounts irrelevant to the core values around which such traditional structures or institutions were established.
6. THAT under the reign of the now respondent, the Lozi traditional norms of decency and dignity have heavily been compromised with corruption, indiscipline, dishonesty and irresponsibility within the rank and file with substantive key position in the hierarchy unfilled.
7. THAT during the sixteen years of Edwin Lubosi imwiko’s litungaship , the respondent made no single visit to any one district over which he has jurisdiction to connect with, or discussing longstanding issues affecting the welfare of his subjects as such fountain of honour in his chiefdom .
8 . THAT litunga lubosi imwiko has been a stumbling block to development in western province noting that he has since his ascension to the throne been appropriating revenues to himself through collection of market and docking fees as well as royalties on properties sitting on traditional land without effecting any improvement to such strategic facilities notable among which is MONGU harbour commonly known as maunyamo , kapulanga and Limulunga markets
9.THAT natural endowment and proceeds raised from liuwa national park invariably on lease have remained unaccounted for. 10. THAT the straying into council run markets by the respondent and his agents has negatively affected the revenues base of local authorities whose properties are incontrovertibly sitting on state land.
11. THAT the litunga imwiko has destroyed the sacred institutions that had held Barotseland together as a distinct and productive functioning set up that sought to coordinate the various system biased towards attracting meaningful development given that western province remained the least developed among the ten provinces in the entire republic.
12. THAT the litunga imwiko’s open disdain and destruction of traditional values and practice is supported by his unbridled desire to abandon cenotaphs, including giving out land to affluent developers to put up supper structures on active grave sites in exchange for money and which move has sparked undue apprehension from among the members of the general public of MONGU and the entire province in general.
13.THAT we repeat the content of paragraph 12 above and state that the activities alluded to herein are rampant at the proposed new site of kasima, the old grave yard opposite Star beef and lungowe road where squatters were allowed to settle on state land with the acquiescence of the respondent notwithstanding the impact assessment that categorically discouraged the idea of having to occupy the stretch of land on which vital installation for western water and sewerage company limited, namely, water -well were situate.
14. THAT imwiko’s failure to seize positive opportunities of Government policies in a timely fashion has continued to cost Barotseland and the entire province of the much sought after chance to dig ourselves out of the myth associated with extreme poverty.
15. THAT its has become customary of the respondent to hoodwink unsuspecting well wishers, individuals and corporate bodies alike, to donate huge sums of monies and gifts towards the Lozi annual event of kuomboka even when Edwin lubosi imwiko knew or ought to known from outset that the ceremony would not take place afterall.
16.THAT fundraising ventures to facilitate the grand ceremony have now been received with mixed feelings and suspicion as the litunga imwiko’s actions bordered substantially on fraud and abuse of authority of office.
17. THAT overall, litunga imwiko has neither been in touch with the people nor updated the ever anxious masses over the Barotseland agreement ,1964 and lamentably failed to seize the rare gesture by the government of the republic of Zambia taking into account the Recommendation contained in the interim Report of the Mung’omba constitutional review commission which provide as follows:
” the Government and the Barotse Royal Establishment must show political will to finally resolve the outstanding issue of Barotseland agreement by imitating negotiations between two parties to the Agreement ”
18. THAT it is our reasoned view that Edwin lubosi imwiko as such reigning litunga of western province has lamentably failed in virtually all spheres of governance; WHEREFOR acting for, and on behalf of the more 90% of the Lozi people have an equitable interest of this matter at heart , DO HEREBY pray this Honourable Court to find in our favour and DECLARE that the said Edwin lubosi imwiko voluntarily abdicates failing which the applicants together with the people of Barotseland be at liberty to invoke options of customary nature open to the Lozi tradition to remove the said Edwin lubosi imwiko on the grounds of gross incompetence and abuse of authority of office.
19. THAT we depose to the foregoing facts and matters verily believing the contents of this our joint affidavit to be true and correct to the best of knowledge information and belief.
SWORN by the said NABIWA IMIKENDU.
LITIA CHARLES MUTEMWA
COMMISSIONER OF OATHS .
03 Feb 2017