The Barotse Royal Establishment’s decision to have the Litunga struck out on the list of defendants is a blatant abuse of the court process, says the Mbunda Royal Establishment spokesperson Kennedy Mubanga.
He said this following the latest application to the High Court by the legal counsel representing the BRE to have the Litunga Lubosi Imwiko II disjoined from the court proceedings the King of the Lozi was joined to by the same court under order No. 2014/HP/1784 of 12th October, 2015.
This is in a matter in which Chief Chiyengele of the Mbunda people in Western Province had sued the Barotse Royal Establishment (BRE) together with the Litunga Lubosi Imwiko II as traditional leader of the Lozi people of Western Province for his dethronement last year.
Mr Mubanga said the BRE and its legal counsel’s application was an abuse of the court process because the action was allegedly constitutional.
He alleged that the action by the BRE was a delaying tactic meant to derail the court process.
Mr Mubanga said the Mbundas were waiting for the presence of the Litunga in court.
“This action by the BRE and its legal counsel are but a blatant abuse of the court process because had they been sure that their actions were constitutional, they would have expedited the hearing of the matter in court than resort to delaying tactics meant to derail the court process.
“We are therefore eagerly waiting to see the Litunga in court to show the court which part of the Zambian constitution empowers him to dethrone a fellow gazetted chief for that matter of another tribe,” he said.
According to a court ruling following an application by Chief Chiyengele for an order for joinder of a party namely the Litunga Lubosi Imwiko II to the court proceedings as the 5th Defendant, High Court deputy registrar Charles Kafunda ordered that the Litunga Lubosi Imwiko II be joined to the court proceedings.
“It is further ordered that the Application to join the Litunga Lubosi Imwiko II to these proceedings as 5th Defendant be and is hereby granted and that costs be in the cause,” stated High Court Deputy Registrar C. Kafunda in his Order dated 12th October, 2015.”