HARRY MWAANGA NKUMBULA-REFLECTIONS By Tenthani Mwanzah-Educationist and Politician

HARRY MWAANGA NKUMBULA-REFLECTIONS
By Tenthani Mwanzah-Educationist and Politician
HARRY Mwaanga Nkumbula was a household name in Zambia for three decades. He was a gigantic political figure fondly referred to by his ardent followers without number as “The father of Zambian Nationalism.” Indeed, Nkumbula, also known as Old Harry, did not secure this enduring title bestowed on him by the adoring masses by accident; he curved for himself a permanent place in the annals of Zambian history in struggle. Yes, the symbol for his party was no other than the king of the jungle, the Lion.
“The Old Lion.” What is true is he gave definition to Zambian nationalist politics. Most of those who came to be popularly known as Zambian nationalist leaders trace their roots to the days when he was the undisputed leader of the liberation movement.
After independence, he was the symbol of democracy. His party enjoying the status of main opposition party was a formidable political organization throughout.
From December, 1972, when it was proscribed through the statutory introduction of the one party state it managed to provide checks and balances on the ruling United National Independence party (UNIP), which many a time indulged in excesses. Had it not been moribund there would have been no point in having it banned in Livingstone, Mumbwa and one or two other districts across the country. T would not have been necessary to enact laws that prevent Presidential and parliamentary candidates fro standing for parliament as well as Presidential and parliamentary elections; laws which limit political space and must be done away with in our new democratic dispensation.
The folly of African politics is that there is no future in being second best. The winner takes it all and the loser reaps nothing. This has been a source of conflict and contradiction in many an African country. Zimbabwe political science professor, Masipula Sithole making much play of observations made by Malawian politician of renown Dunduza Kaluli Chisiza in his major work entitled “Africa What Lies Ahead” lamented the total lack of recognition of the role played during the struggle to dislodge the colonialists from their posts by politicians from the opposition. Reference was made to situations whereby individuals, some of who may have fulfilled their roles valiantly and been pivotal at particular times of the independence fight, become objects of ridicule because they lost in elections. Apart from conforming to the Orwellian dictum “history is written by the winners” and over blowing their roles in history the electoral victors received all the credit and adulation from the broad masses of the people for liberating them from the colonial yoke. Nkumbula was a victim of this negative approach which does little to do justice to history.
And yet Nkumbula had many positive attributes. Old Harry, among whose faults was not political naiveté’ showed a fervent desire and knack to seek out and use available talent. After all he could not feel threatened in any way. Compared to many Congress leadership was elderly and in Africa age counts. Above all in the midst of colleagues most of who had humble education, he was considered a fountain of knowledge having achieved the rare feat those days of studying at the prestigious Makerere college in Uganda.
After Makerere, East Africa’s highest seat of learning, he received through the good government scholarship in 1946 to study in England, where he took his Diploma in Education and then went on to the London School of Economics, leaving before he got his degree and returning home in 1950.
Many looked to him as a source of inspiration and one to emulate. There was a time it appeared Nkumbula could do no wrong since he knew it all in the eyes of the African people in the territory north of Zambezi.
Mugo wa Kibiro, the African seer of old from Gikuyuland, admonished the African people not to take up arms against the white new comers as it would be futile but to treat them with courtesy characteristic among Africans.
To overcome the disadvantages by learning their ways before devising feasible methods of resistance, was the substance of Mugo wa Kabiro’s teaching. The sage felt it was a necessary step for some of the African people to gain the knowledge of the white strangers first and that there would be in a position to give direction to their people. That way they would develop their flair to realize any set goals.
To the African people of our part of the world Nkumbula appeared to fit in perfectly with the Mugo wa Kibiro description of those few Africans chosen by society to acquaint themselves with the ways of the whites and so knew where to touch in order to put up meaningful and effective resistance. Like Jomo Kenyatta in Kenya he was treated as a messianic figure.
Nothing could whittle down his esteem among people of that generation for he was able to cultivate an almost religious fervour among his followers dotted all over the country, He had countrywide support. This was the case up to the end when he succumbed to ill health and died in 1983.
I remember visiting my Ngoni grandfather in 1982-Chipata shortly after Nkumbula, an Ila from Namwala, had made pronouncements that his African national Congress (ANC) had got a raw deal from the infamous Choma declaration and he was contemplating renouncing it. Upon casting aspersions on these Nkumbula sentiments, I considered unviable, my grandfather cautioned me “Wewo, be careful. Don’t talk like that. What you should know is that all these ideas you are seeing people priding themselves in today were brought by that man. Before him we were all living in the dark. He showed the way. He cannot talk from without. He is a man of immense substance in whatever he says. Wait and see. Something is bound to happen. To my grandfather and many like him Nkumbula was a pathfinder.
With his reputation to surround himself with talent it was not difficult for him to discover a gifted ex-teacher showing a natural ability and exhibiting tireless energy going by the name Kenneth David Kaunda. In 1952, Kaunda became Organising Secretary of the Congress in the Northern Province. In no time, he ascended in August 1953 to the coveted position of Secretary-General of the whole organization and second only to the President, Harry Mwaanga Nkumbula. As Secretary-General, Kaunda almost single handedly edited the congress news circular with passion, sharpening opposition to the proposed Federation of Rhodesia and Nyasaland. By any standards, Kaunda had a remarkable career. Visiting Britain in 1957, he impressed many in the Labour Party with his immense dignity, charm, decency, idealism and promise; he made lifelong friends and supporters. He went to India to learn Gandhian tactics of non-violence, satyagraha. He became first President of the Republic of Zambia on 24th October, 1964 and was in the hot seat for 27 years. He was a major figure on the Pan-African plane and became a spokesman for the continent. Playing no mean a role in the liberation of the whole continent he became chairman of the frontline states of Southern Africa. He was a major actor in the Commonwealth. He left office gracefully after an opposition electoral victory.
Nkumbula’s paramount unforgettable achievement is that of transforming Congress radically. On top of rebranding African National Congress (ANC) from the Northern Rhodesia African Congress (NRAC) it soon took the dimensions of a reliable fighting tool and material force at the disposal of African people to fulfill various objects. He touched the country approaching chiefs and addressing mass gathering of villagers in order to form new Congress branches and to raise money for its operations, At the time he took over as Congress President in 1951 after easily beating his only rival, founding president, Godwin Mbikusita-Lewanika, at a delegates conference, the organization had not yet outgrown its welfare association approach to national issues of its precursor, the federation of Welfare Societies. The tendency was to seek for favours from colonial authorities and merely improve the living conditions of Africans within the system rather than change the unequal world citizens by restoring the dignity of Africans. Under his leadership the objective was to end the horse and the rider relationship existing between whites and blacks. We could no longer be hewers of wood and drawers of water.
Like his fellow Makerere alumni, Kenya’s towering political figure, Jaramogi Oginga Odinga, Nkumbula , upon his return from Britain was convinced that to start the battle against while domination it was necessary to assert economic independence. Odinga unequivocally stated: “It was important to show what we could do by our own effort. We had it drummed into us that the whites had the brains to give orders and it was for Africans to carry them out. We had to show we were capable of enterprise and development in the fields beyond our shambas. It was no good bridling at accusations of our inferiority. We had to prove our mettle to the government, to the whites.” Nkumbula decided to go into business to realize these ends of economic independence. He embarked on trade in sea shells. When space was increasingly being narrowed under the One Party State, Nkumbula resorted to his business sense and he was always steps ahead of the rest. It is instructive that he was already in the business of mining emeralds and other precious stones long before it could make sense to the majority Zambians; this was much earlier than the incursion of the Senegalese and Malians and other West Africans who made dealing in precious stones famous. This was remarkable insight. The venture was lucrative enough to attract the attention of the One Party State authorities who for their own reasons ordered the freezing of his accounts. It is high time the money was unfrozen and given back to the Nkumbula family.
We were living with Nkumbula in the same Libala Stage One neighborhood in Lusaka. It was quite an experience growing up seeing the Old Lion of Zambian politics at close range. Libala Stage One constructed in the immediate aftermath of independence was designed to provide decent accommodation for Africans of a certain category. Among the notables whose residence was in Libala Stage One who readily come to mind are the legendary Munukuyumbwa Sipalo, Ditton Mwiinga, Sefelino Mulenga, Patterson Ngoma, Fines Bulawayo, Justin Musonda Chimba, Mufaya Mumbuna, Solomon Kalulu, all of whom were ministers.
Parliamentarians included Deputy Speaker, Jameson Mulenga Chapoloka, Steven Sikombe, Edward Mungoni Liso and Dickson Mukwenje Chikulo. Edward Mukuka Nkoloso, self-styled astronaut and Kaunda’s personal representative at the liberation centre also lived there.
Director of Cultural Services, Alick Nkhata, was our immediate neighbour.
The list is not exhaustive.
Prevailing circumstances drove me to a point where I became a Nkumbula sympathiser in the run up to the December 19, 1968 Presidential and General Elections. My loyalty lay with the Nalumino Mundia group, the United Party (UP) after 31 March, 1968.
On that memorable day, in an unprovoked attack at a UP rally shortly before Mundia and his vice, Ndhlovu could address the sizeable gathering near where Duly Motors still is located today and while the meeting was in full swing UNIP cadres disrupted the rally. They threw stones indiscriminately in all directions damaging vehicles including Mufaya Mumbuna’s Land Rover, in which was Mundia. Many of us were hit and hurt. Among the living ex-UP US officials, Advocate and former minister in Second Republic, Mbambo Sianga, his colleague in the same administration, Mulondwe Muzungu and distinguished democracy activist Linda Makelele, can attest to this account. I placed my loyalty to the opposition there and then to fight injustices and unfairness in society.
The Independence Constitution the British left provided a lot of space for political participation. So, it was that after UP had been outlawed-August 1968, it was within their legal rights for Mundia and his detained colleagues to stand for parliament if they so desired. It was with Nkumbula that they found solace and most were fielded as candidates in Baroste constituencies on ANC ticket. ANC came out of those elections more formidable as it swept Barosteland and added weight to its Southern Province stronghold. Big UNIP names, Sipalo, Arthur Wina, Dr Kabeleka Konoso, Princess Nakatindi (the mother of Sikota Wina) tumbled in those elections.
It was quite natural on the day Nkumbula was lodging his nomination papers for Republican for me to join ANC supporters on the steps of the High Court, today’s Supreme Court building in solidarity.
After successfully filling in his papers, he was escorted up to his official residence’s leader of the opposition in Parliament. He gave a brief addresses to his supporters at the residence at Addis Ababa roundabout with a message which ran something like “We have not come here to for a rally but to file our nomination papers. Time for rallies will come. Meanwhile, go to your various localities and campaign hard.” On the day the national campaign rally was called in Lusaka’s Kamwala area behind Palace Cinema I made it a point to be in attendance. He quipped in his address. “Of late you have heard UNIP leaders say that the ANC must disband and join UNIP. I say to them UNIP came from ANC and I want them back.” The last Nkumbula rally I attended and probably his last in Lusaka was either in late 1971 or early 1972 held at the football grounds were today lies the shopping complex in Kabwata between Catholic Saint Patrick’s and Burma Road.
Kapwepwe, then leader of the opposition United Progressive party (UPP), a UNIP breakaway, was expected to join Nkumbula in addressing the rally but he did not show up. His lieutenants in ANC, Mundia (Vice-President), Mungoni Liso (Secretary-General) Isaac Mumpashya and others filled the gap left by the Kapwepwe non-appearance.
Being the father figure that he was to all politicians of that time, he vacated his Libala Stage One house in 1971 in order to accommodate Kapwepwe who had been left homeless after being forcibly evicted from the government house he had occupied as UNIP Cabinet minister.
Nkumbula shifted to his farm house for the sake of Kapwepwe despite the fact that theirs had been an uneasy relationship. Three years previously, in the run up to the December 19, 1968 elections, Kapwepwe was instrumental in the removal of Nkumbula from his official residence as leader of the Opposition. Nkumbula just remarked at the time that it was not something to worry about since for him “It is State House next.” When Kapwepwe died in January 1980, Nkumbula in his assessment was straight forward and to the point “He was a shrewd organizer who wanted to rule this country at one time or another but he was frustrated.”
Nkumbula’s undoing as a political leader was pleasure especially after the 1955 spell in prison. This affected his political work greatly. Reflecting on his differences of the 50s with Nkumbula, Kapwepwe wrote “I was elected treasurer (1959 of the party and came closer again with Kenneth. But I differed very greatly with Harry-a playboy, drinking and dancing.” The Tongas in recognizing this weakness were fond of saying in jest especially when enjoying their drink “Cakatukasya Kulela a ba Harry Nkumbula” i.e. “What denies us leadership with Old Lion.” But it is for another time. Deliberately, we are today trying to reconstruct the positive aspect of the life of Harry Mwaanga Nkumbula, whose image has been abashed for a long time.
If I was asked to write an epitaph on the grave of the Old Lion of Zambian politics I would borrow a phrase of Nigeria’s Emeka Ojukwu “(Here lies) The best President Zambia never had.”
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NCC: An Illegal Gathering of Political Vultures?

Book Review

NCC: An Illegal Gathering of Political Vultures?

A 69-year-old Zambian sociologist, philosopher, writer and homme politique, Mr. David Kasuba, writes in his book due to be published next month, that MMD has been ruling Zambia illegally since 28^th November 1996.

Mr. Kasuba- says that Zambia is wallowing in a serious constitutional crisis which political and professional leaders of this country either do not understand or take advantage of to further their grim purposes while Zambian masses are sleeping.

He calls the National Constitutional Conference (NCC) ‘an illegal gathering of political vultures who, having allowed President Mwanawasa to ‘poach an elephant’ from public coffers, want shamelessly to have a share. At the expense of already overburdened people of Zambia. He also calls for the immediate dissolution of NCC and its replacement with the National Convention consisting of representatives of 70 plus indigenous nationalities of the land that constitutes Zambia, and of the two former Presidents and the incumbent Levy Patrick Mwanawasa, S.C.

The Book Title is: 12 Years of MMD Illegal Rule in Zambia? It comprises an introduction, 8 chapters and a conclusion. It has 104 pages and will cost K50, 000 a copy. The author is David Kasuba, as already said.

Among other things, the author argues that Zambia’s independence constitution was a conveyor belt of colonialism into post independence era where this dehumanizing, savage system of governance of other people has become entrenched in globalization. It denied indigenous people the right to self-determination as it created a new rainbow (multi-origin) nation of freed subjects of former British protectorates.

Mr. Kasuba writes in chapter 7 that as the result of this subtle way of prolonging slavery into post-independence era, there were three categories of Zambians by birth at independence on 24^th October 1964. He says that the first category comprised all former British subjects of Northern Rhodesia and other former British protected colonies and U.K. itself, who became Zambians by birth by law as per the Supreme Court verdict in the 1997 Presidential petition, which states among other things as follows:

“

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“Constitutional provisions regarding parents or anyone born prior to independence who are or were Zambians by birth or by descent can meaningful only be construed as a reference to those who became Zambians on 24^th October, 1964, or who would, but prior for their death, have become Zambians on that date”

The second category consists of children who were born of pregnant mothers at 00.00 hour on 24^th October 1964 as these mothers changed in a twinkling of an eye, like in the Christological symbolism of baptism, from being British subjects to free citizens of a ‘liberated’ country.

The above two categories formed and form the first ever generation of Zambian citizens who had and have neither father nor mother born in Zambia prior to 24^th October 19964. They all became Zambian citizens by birth at the same hour (00.00 hour) on 24^th October 1964, as they either changed from being slaves to being free citizens, or as they were born in as new independent county called Zambia..

And quoting another statement in the Supreme Court 1997 Presidential petition verdict, Mr. Kasuba writes that the Supreme Court correctly and authoritatively resolves that there were no Zambians, no Zambian nationality and no Zambian citizenship prior to 24^th October 1964. Everything Zambian only commenced on that date, he says.

Mr. Kasuba further argues that under normal condition only children born on 24^th October 1964 formed the first generation of Zambian citizens by birth, but they were made to share their birthright with those who became Zambians by birth by law on that date.

As for the third category, Mr. Kasuba argues that this is formed of children who were born on 24^th October 1964 after 00.00 hour, that is, after their parents had changed from being slaves to being ‘Zambian citizens by birth’. Children of this category formed and form the second generation of Zambian born citizens. And these are the only Zambians who qualified to present themselves as presidential candidates in 1996 Presidential Election, according to the law.

From page 53 to 57, Mr. Kasuba writes:

In 1996, indigenous Zambians felt strongly that time had come to end foreign rule in the land once and for all, after Kaunda had declared his come back to active politics from his brief retirement. They introduced a parentage clause into the constitution to purportedly bar him and others whose parents were not born in any part of Northern Rhodesia, today Zambia. To them, as we have seen, Northern Rhodesia and Zambia are one and the same territory. Therefore, Zambia is Northern Rhodesia and vice-versa, and belongs to descendants of people who inhabited it before it became a British colony.

The parentage clause is in paragraph 3 of article 34 of the constitution of Zambia which reads as follows:

A presidential candidate shall:

(a) Be a Zambian citizen

(b) Have parents who are both Zambians by birth

(c) Have attained the age of 35 years

(d) is a member of, or is sponsored by a political party

(e) He is qualified to be elected as a member of the National Assembly; and

(f) Has been domiciled in Zambia for a period of at least twenty years.

It should be pointed out here that the Second Republic constitution on the election of President was a replica of independence constitution, except for qualification that required UNIP membership. Indeed article 38 of the 1973 constitution reads as follows:

A person shall qualify for election as President if, and shall not be qualified unless he:

a) is a Zambian citizen

b) is a member of UNIP

c) has attained the age of 35years and

d) Is otherwise qualified to be elected as member of National Assembly.

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Remove qualification (b) in the above article, and you will remain with 3 qualifications required by the independence constitution. Qualification (b) was introduced into 1973 constitution to bar non UNIP members, especially Kapwepwe who had left it to form United Progressive Party (UPP) in August 1971, from standing as President in the election that was scheduled to be held in December, 1973. UPP grew rapidly popular and defeated UNIP, hardly 3 months after its formation in August 1971, in a by-election held in Copperbelt Mufulira-West constituency, in December of that same year. Thus Kapwepwe who stood on his party ticket was overwhelmingly elected to parliament.

UPP victory sent Dr. Kaunda shivering in his shoes, and considering the prospect that ANC of Nkumbula, which had shown great resilience since independence, would retain the Southern and Western provinces and that UPP would trounce UNIP in Northern, Luapula and Copperbelt provinces and lift Kapwepwe to Republican Presidency, he banned the latter’s party in February 1972, and proclaimed a One-Party State in December of that same year, but not until in August of the following year did the National Assembly adopt the new constitution, after the Choma Declaration.

And this is how the ruthless politician in Kaunda out-maneuvered both Harry Mwaanga Nkumbula and Simon Mwansa Kapwepwe, traducing the presidential prospects/ambitions of the latter, in particular, and trammeling any dissenting voice. In fact, people who were close to him acknowledge the fact that Dr. Kaunda never allowed other people’s accomplishment to speak for itself. This is a challenge he was not willing to face, instead he destroyed the challengers in one way or another.

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It is important to underline, in this respect, the fact Dr. Kaunda considered himself as a MuBemba of Northern Province, having been born there. And he wanted every Zambian to regard him as such, yet, as they say, he is a MuTonga from Malawi. This enabled him, under the pretext of his party policy of tribal balancing that kept relatively all tribes satisfied, to deny Bembas an opportunity to rule this country or hold key senior posts in government because he, a ‘Mubemba’ from Chinsali, was President and represented the interests of Bembas. So it behooved to appoint people from other tribes to keys post for the sake of harmony and unity in the country, which was deceitful, indeed.

However, in 1991, the country entered the Third Republic by simply repealing article 4 of the Second Republic constitution which stipulated:

There shall be one and only political party or organization in Zambia namely the United National Independence Party, in this constitution referred to as “the party”.

This was removed together with all that made reference to it. As for citizenship, article 6 of the Second Republic constitution recognizes any person born of parents one of whom is Zambian, as Zambian. No attention was paid to social regime of both parents, whether patriarchal or matriarchal. It says:

A person born in or outside Zambia after the commencement of this constitution shall become a citizen of Zambia at the date of his birth, if on that date at least one of his parents is a citizen of Zambia.

This article has not yet been amended or abrogated in the subsequent constitution. It ascribes Zambian nationality and citizenship to all children born in or outside Zambia of parents one of whom is Zambian. This may be in conflict with the legislation of a country which recognizes the place of birth as the origin of the child, or with a customary law of descent. However, in 1996, the indigenous people of Zambia introduced a parentage clause into the constitution, as already said, to protect the highest position in the land from being held by a foreigner.

And from page 63 t0 64, Mr. Kasuba writes: It is loud and clear, as can be seen from the foregoing discussion, that the origin of Zambian nationality and Zambian citizenship is legal and not mythical like in the case of Romans beginning with Romulus, or traditional like in the case of Ethiopians, or historical like in the case of Iran or Iraq.

The Supreme Court’s definition of “Zambians by birth” underpins this very fact of law, but this Highest Institution of law interpretation in the land, went against its own understanding and therefore against the law, as it failed to nullify the election of the President, and explicitly order parliament to remove the amendment, in which case the Chief Justice would have performed the functions of the Office of the President and organized fresh presidential election, because no one qualified to be elected as President and the seat was legally vacant. Otherwise it would not be reasonable for it to say that:

“The introduction of parentage qualifications poses apparently solutionless problems and difficulties.”

By that it recognized the fact that it hand to deal with a constitutional crisis, but failed to handle it legally.

In Chapter 8(called the Way Forward), Mr. Kasuba puts forward a 4-step proposal to end the country’s constitutional crisis, and calls in the conclusion for the National Convention as the only legitimate institution that would solve once and for all the Zambian problem identified in Chapter VI of the book. He says NCC is an illegal, corrupt institution; it cannot endow Zambia with a constitution that would stand the test of time. Building on a corrupt foundation is like building on a cracked, flawed one. The house will not stand. Zambia must be given a fresh start.

The author has already three books to his credit. They include the best seller Joseph Kabila Kabange, Young and Great Leader for a Great Nation. 12 Years of MMD Illegal Rule in Zambia? is another Must Read. Let us stop ruling this nation by ignorance or greed. Get the truth that will set you free. Since there will be limited copies produced, this newspaper advises its esteemed readers to reserve their copies through the Editor of this paper.

AK