09 Jul 1941
Northern Rhodesia Government Gazette
Northern Rhodesia
Government Gazette
PUBLISHED BY AUTHORITY
No 1041.] Lusaka, Wednesday, 9th July, 1941. [Vol. XXXI, No 38.
GENERAL. NOTICE No. 398 OF 1941.
Balovale Dispute.
THE ANNOUNCEMENT made by His Excellency the Acting Governor at Mongu and Balovale on the 16th June concerning the settlement of the dispute between the Barotse Native Government and the Chiefs of Balovale and the consequent Agreement together with the Addresses of welcome to His Excellency by the Barotse Kuta and Luvale and Lunda Chiefs are published hereunder for general information.
KEITH TUCKER,
LUSAKA, Acting Chief Secretary to the Government.
8th July, 1941. [NAT/H/2/1/6]
ANNOUNCEMENT.
I have come here to tell you about the decision which has been reached in regard to the dispute about the Balovale District.
2. You will remember that this dispute was brought to the attention of Sir Hubert Young when he visited Balovale in the year 1936. He visited Mongu and discussed the matter with the Paramount Chief and the Kuta. After that an agreement was drawn up and signed in regard to the setting up of Native Courts in the whole of Barotseland and including Balovale, and the Barotse Native Courts and Native Authorities Ordinances were accepted by the Kuta.
3. As you are aware, the Lunda and Luvale were not prepared to accept the jurisdiction of the Malozi Courts and claimed that they should have been consulted before this agreement was made. Further effort was made to find a settlement and a meeting was held in Livingstone in 1937 which was attended by the Paramount Chief and the Lunda and Luvale leaders. A way of settling the dispute which was accepted by the Lunda and Luvale at the meeting was submitted to the Kuta. With this proposal the Kuta were unable to agree.
4. As it had become impossible to reach a settlement by agreement it was then considered that the only way to finish the dispute was to have the claims of both sides examined by a Commission. It was not only because both sides would not agree as to how the Balovale District should be ruled that a settlement had not been reached, but because the two sides would not agree as to what was true about what had been done in the past. This could only be settled by a Commission. The proposal to take the matter to the Commission was put to the Kuta and the people in Balovale and agreed to. After some further discussion it was finally agreed that the Commission should asexamine and report upon the whole question of the past and present relations of the Paramount Chief of the Barotse nation and the Chiefs, resident in the Balovale District both east and west of the Zambezi River with special reference to the ownership of land and the methods by which the tribes have been governed and to make recommendations for the future." The late Ngambela stated only recently on behalf of the Kuta that it will abide loyally by the decisions given.
5. When it was agreed that the matter should go to a Commission the Government of the King in England was petitioned to appoint a judge of great experience to do the work. The King chose Sir Philip MacDonell who had been a judge not only in Northern Rhodesia but in other parts of the world for many years. Sir Philip MacDonell visited Mongu and Balovale and heard many witnesses there and also the words of many other witnesses, some of whom were living in England. War started soon after Sir Philip MacDonell returned to England and you will understand that it was not possible for the Government of the King in England to consider very quickly this important report when they had also to consider how to fight the war. I have now received the decisions of the King's Government which are based on the report, and I have come to bell you what those decisions are.
6. The King's Commissioner has found that the land in the Balovale District does not belong to the Malozi, and in accorlance with this finding His Majesty the King has decided bhat the Lunda and Luvale tribes are entitled to be free from Barotse rule and that most of the Balovale District should no Longer be part of the Barotse Province or under the Provincial Commissioner, Mongu. The tribes in the Balovale District will have their own Native Courts, Native Authorities and Native Treasuries and rule themselves like other tribes, subject to the supervision of the Boma and the Central Government in Lusaka. The Nawinda Kuta ceases to be the Native Authority for the Balovale District from June 30th and the Indunas of the Kuta must be recalled to Mongu without delay.
7. Some of the land in the Balovale District the Commissioner advised should remain part of the Barotse Province. The King in England has directed, therefore, that the present southern boundary of the Balovale District shall be altered on the west of the Zambezi by making a new boundary as follows :
8. The new boundary will start from the Zambezi at the Kabula Stream and follow that stream to its headwaters ; thence north up the Zambezi-Kasisi watershed to the headwaters of the Mukumba Stream; down the Mukumba Stream to its junction with the Kasisi; across the Kasisi at this point; thence up the watershed of the Kasisi and the Chinono Rivers to a point opposite the Kawelele Stream; across the Chinon at this point; thence up the Kawelele Stream to its headwaters ; thence to the confluence of the Litapi and Lungwebungu Rivers; thence up the south bank of the Lungwebungu River to its junction with the Lutembwe River ; thence up the south bank of the Lutembwe River to longitude 22E; and Anglo-Portuguese border. The area south of this line and west of the Zambezi will be added to the Kalabo District and remain part of the Barotse Province.
9. The Barotse Natives in the Nawinda area and others in the area under Njekwa and Mwenda on the west bank of the Zambezi River and north of this boundary who may not wish to be taken away from the Barotse rule but would prefer to move into Barotseland will be allowed to do so. Barotse Natives who move for this reason will be compensated for the loss of their huts and gardens to the extent of 30s. per hut owner. The Malozi must decide within two months what they want to do. If they decide to return to Barotse rule outside the Balovale District they must leave within six months,
10. That part of the Balovale District which is east of the Zambezi River will consist of two separate parts, one a Lunda area under Chief Shinde, and the other an area controlled by the Manyinga Kuta. Both these areas will be free from Lozi rule from Lealui, and will have their own Courts, Native Authorities and Treasuries. The exact boundary between these two parts will be decided after the District Commissioner has made enquiries.
The areas where the Luchazi people of Samuzimu, Katale and Kasaka now live will be governed by Chief Shinde. Samuzimu, Katale and Kasaka will be invited to move to the east and come under the Authority of the Manyinga Kuta, and their people may move with them or stay where they are, as they wish. If they stay where they are they will come under the authority of Chief Shinde. Those Lunda who live in the areas of Bulamitata and Siengele can remain where they are and be under the rule of Manyinga or they may move west into Lunda country and be under the authority of Chief Shinde. These people will be given two months from to-day in which to decide whether they will move or not. If they decide to move they must do so within six months from to-day.
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146 Northern Rhodesia Gazette. 9 July, 1941.
11. His Majesty has decided that the new Balovale District as revised by the exclusion of that portion in the south-west before described, will be transferred to the Kaonde-Lunda Province. At first the District Commissioner will do all the work of the Native Authorities helped by the. Chiefs and their leaders. As soon as possible, however, Native Courts will be set up in the district. To some extent it will depend upon how the Chiefs, their leaders and the people work in assisting the Boma in the administration of the district how long it will be before the tribes can have their own Courts and Native Authorities.
12. In view of the fact that the Barotse Government will no longer exercise certain privileges in the Balovale District which for many years they have had, this Government will pay to the Barotse Native Government compensation in respect of land and minerals in the Balovale District and of game and fish in the Balovale District which the Barotse people living outside the Balovale District will no longer be allowed to hunt or kill and also of tax previously collected in Balovale and paid to the Barotse Government, The amount of such compensation will be fixed in consultation with the Paramount Chief and the Kuta and in the event of agreement not being reached the matter will be referred to arbitration.
13. It will be necessary for the agreement made in 1936 to be changed and for a new agreement to be signed providing for compensation and the alteration in the agreement about the Courts. This agreement has been prepared and will be laid before the Paramount Chief and the Kuta for their signatures. When the agreement has been signed the compensation to which I have referred will be made.
14. This dispute has been going on for many years. It has been a great obstacle to the good government of the whole of Barotseland, for where there is no peace there cannot be good government. The matter has been laid before a Commission and has been considered by His Majesty's Government whose decision I have now announced to you. With the making of peace I hope that all of you will now settle down so that there may be good government in Barotseland and in Balovale.
AGREEMENT.
THIS AGREEMENT made the twenty-first day of June, one thousand nine hundred and forty-one BETWEEN
HIS MAJESTY (hereinafter called the Crown) of the one part and YETA III, Paramount Chief of Barotseland with the advice and consent of the Council of Barotseland (hereinafter called the Paramount Chief) of the other part.
WHEREAS by an Agreement made the twenty-first day of September One thousand nine hundred and thirty-six between the Crown and the Paramount Chief with the advice and consent of the Council of Barotseland (hereinafter called the Principal Agreement) it was agreed between the Crown and the Paramount Chief with the consent of the Council of Barotseland inter alia as follows :
(1) The area to which the Principal Agreement related was the Barotse Province as defined in Government Notice No. 21 of 1929.
(2) Native Courts of the 1st Class should be recognised by the Governor at Balovale and Manyinga.
(3) A Subordinate Native Authority should be recognised under Section 3 of the Barotse Native Authority Ordinance, 1936, at Balovale.
AND WHEREAS the Balovale District was included in the Barotse Province as aforesaid
AND WHEREAS it is expedient that the Principal Agreement should cease to apply to part of the Balovale District
Now THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED by and between the Crown and the Paramount Chief with the consent of the Council of Barotseland for the consideration hereinafter set out as follows :
1. The Principal Agreement shall cease to apply to that portion of the Balovale District having a boundary starting from the Zambezi at the Kabula, Stream and following that stream to its headwaters; thence north up the Zambezi-Kasisi watershed to the headwaters of the Mukumba Stream ; down the Mukumba Stream to its junction With the Kasisi ; across the Kasisi at this point; thence up the watershed of the Kasisi and the Chinono Rivers to a point opposite the Kawelele Stream ; across the Chinon at this point; thence up the Kawelele Stream to its headwaters; thence to the confluence of the Litapi and Lungwebungu Rivers; thence up the south bank of the Lungwebungu River to its junction with the Lutembwe River; thence up the south bank of the Lutembwe River to longitude 22E. and Angola-Portuguese border.
2. The Native Courts of the 1st Class recognised by the Governor at Balovale and Manyinga shall cease to be so recognised.
3. The Subordinate Native Authority recognised under Section 3 of the Barotse Native Authority Ordinance, 1936, at Balovale shall cease to be so recognised.
4. All and any rights of the Paramount Chief and the People of Barotseland to the land (including timber) and minerals within the area of the Balovale District bounded as aforesaid and to game (including ivory) and fish within the said area are ceded to the Crown.
5. The Crown shall pay to the Barotse Native Government the sum of six thousand pounds (£6,000) in respect of the land and mineral rights aforesaid and the sum of two thousand pounds (£2,000) in respect of the rights to game and fish aforesaid.
6. As and from the first of January, 1941, fifty (50) per centum of the tax paid by Natives of the Barotse Province as reconstituted by this Agreement, whether in the Barotse Province or elsewhere in Northern Rhodesia to the Government of Northern Rhodesia under the Native Tax Ordinance, 1938, or any Ordinance amending that Ordinance or substituted for it shall be paid to the Barotse Native Government.
IN WITNESS WHEREOF HIS EXCELLENCY WILLIAM MARSTON LOGAN, ESQ., C.M.G., O.B.E., Officer Administering the Government of the Territory of Northern Rhodesia for and on behalf of His Majesty has hereunto set his hand and the Public Seal of the Territory and YETA III, paramount Chief of Barotseland with the advice and consent of the Council of Barotseland has hereunto set his hand and seal the day and year first above written.
Signed Sealed with the Public Seal L.S.
of the Territory and delivered by
the said WILLIAM MARSTON LOGAN W. M. LOGAN.
for and on behalf of His Majesty
in the presence of T. F. SANDFORD.
Signed Sealed and delivered by the YETA
said YETA III in the presence of His X Mark.
J. Gordon Read.
Mary K. Ritchie.
Imasikwana
His X Mark
Mulamata.
Signed Sealed and delivered by the said WINA for and on behalf of the Council of Barotseland in the prence of
For the Barotse Native F. L. Suu
Government : Wina.
Ngambela Ilishebo Sambi Natamoyo Wamunu-
H. K. Makweti Lewanika. ngo
Solami
Ingangwana
The Muleta Njekwa
His X Mark
Leashimba Walubita Lifunana Ana Omei Mubita Mutundwala
His X Mark.
ADDRESSES OF WELCOME.
ADDRESS OF WELCOME TO HIS EXCELLENCY THE ACTING GOVERNOR ON THE OCCASION OF HIS VISIT TO MONGU ON JUNE 16TK.C.M.G, BY THE PARAMOUNT CHIEF AND THE BAROTSE NATION.
" Your Excellency,
May it please Your Excellency to receive this our humble and loyal Address of welcome, which I, on behalf of the Paramount Chief, and the Barotse Nation, beg to present to you.
We beg to express our gratitude to you for coming here in place of the late Sir John Maybin, X.C.M.G., whose death we still deplore with deep sympathy, considering the valuable work he did and the good he was planning for the Territory through this world crisis.
With greatest veneration we beg to express to Your Excellency our appreciation that you should make this visit amongst us so soon after your appointment to the important position of Acting Governor, an appointment which we Natives regard as a trustee of our welfare. To-day thousands of eyes are fixed on you and we are looking forward to hearing of the decision of our long standing dispute over the Balovale political situation ; the decision which we have every confidence will be given with strict Justice.
We have no hesitation in inviting the special attention of your good office to what law abiding subjects of His Majesty's Government we are considering the length of time this dispute has lasted and how we have worked in some respects under difficulties.
On the other hand, it is with some regret that we welcome Your Excellency to our Province during the illness of our Paramount Chief, whose unquestionable wise guidance is equal to that of his late father, Lewanika, under whom the Malozi gained the world's praise, equal to that of other Native tribes in the war of 1914-18. Were it not for his indisposition, appeals to war efforts would have met with a more satisfactory response.
We are well aware how trying are the years we are passing through, but we have every confidence that with the good interpretation of things by our well trusted Provincial Commissioner, you will always, we hope, take steps to preserve the rights and privileges secured to the Paramount Chief and the Barotse Nation under several Concessions.
We wish Your Excellency and Party all success and prosperity during your visit here, and we hope that Your Excellency will carry away pith you the happiest recollections of what you have seen.
In conclusion we pray that Their Majesties be long spared to rule over us and win the war."
(Signed) WINA, for Paramount Chief and the Barotse Nation.
ADDRESS OF WELCOME PRESENTED TO HIS EXCELLENCY THE ACTING GOVERNOR ON THE OCCASION OF HIS VISIT TO BALOVALE ON JUNE 16TH, 1941, BY THE LUVALE CHIEFS.
" Our Greetings of Welcome to His Excellency the Governor.
We, the Luvale Chiefs, thank you for coming to this poorest of Districts and we wonder at your kindness in visiting us, in the midst of the great difficulties due to the War.
We were very sorry indeed when the late Governor, Sir John Maybin died, and also His Majesty's Commissioner Sir Philip MacDonnell. As it is our custom to convey to those who mourn the loss of notable people a gift which will show our sorrow, we ask you to be pleased to accept our gift of £5 to be used as you see fit. Also we give a leopard skin herewith in accordance with our custom, as we bow ourselves before you, His Majesty's representative.
And now the British Empire is at War. We are very happy because King George and all his people are fighting so well against the enemy. We all say, " GOD SAVE THE KING ". May He give him the victory soon.
We, the Luvale Chiefs, want to say that we are in peace under the British Government ; happier than we could be anywhere else. And so, as a cat hides at- his master's feet, we cast ourselves at the British Emperor's feet for protection. This is the country of our birth. Our forefathers and our fathers lived here. We have taken their places in the same country.
We have nothing to say, but will come to hear what His Excellency has to say to the Luvale people about their life in the future. We do not know what that is to be, but we ask you, Sir, to have mercy on His Majesty's servants, that they may see peace for the many years to come.
Remain in health and prosperity.
For all the Luvale Chiefs and our people.
CHIEFTAINESS NDUNGU."
