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Barotseland Boundaries Discussion Paper NOVEMBER 2014 Compiled by: Munga Munzi and Reviewed by: Ngongo Kutoma Table of Contents ABSTRACT ................................................................................................................................................................................................................................................................ 2 1. ZAMBIA INDEPENDENCE ACT, 1964 (EXTRACT) – SECTION 1 ........................................................................................................................................................................... 3 2. THE NORTHERN RHODESIA ORDER-IN-COUNCIL, 1911 (PROCLAMATION) ...................................................................................................................................................... 3 3. THE NORTHERN RHODESIA ORDER-IN-COUNCIL, 1911 (EXTRACT) ................................................................................................................................................................... 4 4. NORTHERN RHODESIA (BAROTSELAND) ORDER-IN-COUNCIL, 1953 ................................................................................................................................................................. 7 5. LEWANIKA CONCESSIONS ................................................................................................................................................................................................................................... 9 5.1 1900 CONCESSION – PARAGRAPH 4 ............................................................................................................................................................................................................ 9 5.2 1905 CONCESSION – PARAGRAPH 1 ............................................................................................................................................................................................................ 9 5.3 1909 CONCESSION – PARAGRAPH 3 ............................................................................................................................................................................................................ 9 6. MAP OF BAROTSELAND ....................................................................................................................................................................................................................................... 9 7. ANALYSIS ............................................................................................................................................................................................................................................................ 10 APPENDIX A : THE BAROTZILAND – NORTH-WESTERN RHODESIA ORDER-IN-COUNCIL 1899 (EXTRACT) ........................................................................................................ 12 ANNEX : THE BAROTSELAND AGREEMENT 1964 (EXTRACT) - PREAMBLE .......................................................................................................................................................... 13 REFERENCES ........................................................................................................................................................................................................................................................... 14 1 Abstract The objective of this short paper is to analyse the documents that help in understanding the boundaries of Barotseland. It also lays bare what the Barotseland Agreement 1964 was meant to achieve. The paper begins by displaying the relevant archives documents and follows up with an analysis of their contents. 2 1. ZAMBIA INDEPENDENCE ACT, 1964 (EXTRACT) – SECTION 1 2. THE NORTHERN RHODESIA ORDER-IN-COUNCIL, 1911 (PROCLAMATION) 3 3. THE NORTHERN RHODESIA ORDER-IN-COUNCIL, 1911 (EXTRACT) 4 5 Rhodesia Map, 1906 [Source:http://www.britishempire.co.uk/maproom/northernrhodesia/rhodesiamap1906.htm Accessed 14th August 2013] Figure 1: Rhodesia Map of 1906 6 4. NORTHERN RHODESIA (BAROTSELAND) ORDER-IN-COUNCIL, 1953 7 8 5. LEWANIKA CONCESSIONS 5.1 1900 CONCESSION – PARAGRAPH 4 5.2 1905 CONCESSION – PARAGRAPH 1 5.3 1909 CONCESSION – PARAGRAPH 3 6. MAP OF BAROTSELAND Figure 2: Sketch Map of Northern Rhodesia 9 Figure 3: Proposed Map of Barotseland 7. ANALYSIS 1. Section one of the Zambia Independence Act, 1964 (p. 3) clearly stipulates that Northern Rhodesia (Zambia) was composed of more than one territory. 2. PROCLAMATION No. 3 of 1911 (issued pursuant to Northern Rhodesia Order-In-Council, 1911) mentions the territories that were united together to form Northern Rhodesia (Zambia). Therefore Northern Rhodesia was a ‘unitary protectorate’ composed of two territories of Barotseland/North-Western Rhodesia and North-Eastern Rhodesia (this scenario is depicted in the Rhodesia map of 1906 (p. 6)) formed for administrative convenience whereby instead of having two administrators one for each territory they would have one administrator for the united territory (Northern Rhodesia). 3. The Northern Rhodesia Order-In-Council, 1911 (EXTRACT) (p. 4). This information actually displays the manner in which the two formerly separate territories were joined and named Northern Rhodesia. 4. The Northern Rhodesia (Barotseland) Order-in-Council 1953, proclaimed Barotseland as a 'protectorate-within- a protectorate'. In this respect it should be said that the effect of the BA'64 was to make Barotseland a 'state-within-a state' after Northern Rhodesia transformed from a protectorate to an independent state styled as the Republic of Zambia. 5. In figure 2 (sketch map of Northern Rhodesia) areas marked as “areas referred to in paragraph 2 of the Secretary of State’s dispatch no. 574” are areas which were reserved from British occupation/administration and in which King Lewanika exercised jurisdiction west of the Kafue River. Meanwhile, the transferred area (which is part of the land covered by Certificate of Claim A) is subject to legal challenge because it was transferred to the suzerainty of King Lewanika for administrative convenience and that action did not really amount to extension of Lewanika’s territory (Clause 3 of the Barotziland – North- western Rhodesia Order-In-Council, 1899 (Appendix A p. 12) specifies the Kafue River as the eastern boundary of the territory). Therefore the unhatched area in figure 2 (p. 9) remains the unchallenged territory of Barotseland to-date. This scenario tallies with areas mentioned in the Lewanika concessions of 1900, 1905 and 1909. 6. In figure 2 (sketch map of Northern Rhodesia) also note that the only area of Barotseland east of the Kafue river is only identified as Mashukulumbwe country (Lewanika concession of 1909 at paragraph 3 p. 9). This consists of Namwala and parts of Mumbwa. Figure 3 (proposed map of Barotseland) simply shows Barotseland as part of the unhatched area of figure 2. 7. Balovale district is also not part of Barotseland having been detached during the reign of king Yeta III who succeeded King Lewanika in 1916. However, we 10 need to actually read the document containing the terms and conditions upon which Balovale was extracted out of Barotse rule to determine whether or not its return is feasible. 8. From what is laid out in the foregoing documents, it is clear that Northern Rhodesia was itself a hybrid jurisdiction of two territories. It then becomes clear that the Barotseland Agreement 1964 was not about uniting separate territories but rather a 'deal' providing for the continued unification of the "territories comprised in Northern Rhodesia" as the said Northern Rhodesia transformed into an independent Republic to be renamed Zambia. So there is no difference between Zambia and Northern Rhodesia in terms of geographic extent or territorial composition. Accordingly, it is incorrect to interpret the Barotseland Agreement 1964 as one that was ‘uniting Barotseland with Northern Rhodesia to make Zambia’ as its actual purpose was to ‘keep Northern Rhodesia intact as a unified jurisdiction as it became Zambia’. The union that was being carried forward was between the territories of Barotseland/North-Western Rhodesia and North-Eastern Rhodesia. 9. Technically speaking, any reference to Northern Rhodesia for the period 17 August 1911 to 23 October 1964 is reference to a territory that was inclusive of Barotseland while reference to Barotseland is reference to an autonomous region of the said Northern Rhodesia. For the period 24 October 1964 to 19 November 1969 reference to Zambia is reference to a nation that is inclusive of Barotseland while reference to Barotseland is reference to an autonomous region of the said nation of Zambia. From 20 November 1969 to 27 March 2012 reference to Zambia is reference to a nation without legal foundations whose existence is only sustained by the tolerance of one of its co-founder territories while reference to Barotseland is reference to a territory with dispossessed statehood. After 27 March 2012 reference to Zambia is a misnomer as no such nation exists legally while reference to Barotseland is reference to a territory in the process of re-establishing its state institutions and acquisition of international recognition. 11 APPENDIX A: THE BAROTZILAND – NORTH-WESTERN RHODESIA ORDER IN COUNCIL 1899 (EXTRACT) 12 ANNEX: THE BAROTSELAND AGREEMENT 1964 (EXTRACT) - PREAMBLE 13 REFERENCES 1. Mutungulu, W. (2014). Barotseland Boundaries--The facts as established by recorded history. Retrieved from http://bnfa.info/2014/02/15/barotseland- boundaries-the-facts-as-established-by-recorded-history/ 2. The United Kingdom (UK) Parliament. Zambia Independence Act, 1964. Retrieved from http://www.legislation.gov.uk/ukpga/1964/65/pdfs/ukpga_19640065_en.pdf 14 .
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