Elias Munshya, LL.M, MBA, M.DIV.

When the State Becomes a False Prophet: How Rev. Sumaili’s views threaten Zambia’s constitutionalism

E. Munshya, LLB, LLM, MBA, MDIV. Zambia’s minister of religious affairs and national guidance, the Honourable Reverend Godfridah Sumaili spoke with the Zambia Blog Talk Radio on Saturday, May 20,
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Liberty In Sorrow: Zambia should investigate Iglesia Ni Cristo stampede but unban the church

By Elias Munshya, BA, LLB, MA, MA, LLM, MBA, MDIV. March 6, 2017 was a sad day for Zambia. Eight souls perished in a stampede as they gathered to
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President Edgar Lungu is Not Eligible to Stand in 2021: Here is why

By Elias Munshya & Michael Chishala “A person who has twice held office as President,” states Article 106(3) of Zambia’s Constitution 2016, “is not eligible for election as President.” However, Article
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Learning from King Cobra: Sata, Hichilema and the politics of electoral defeat

By E. Munshya, LLM, MBA, MDIV. There is no better way to win an election than to win an election. For those who win elections, they win elections by winning elections.
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Loving the “Other” In Zambia: Towards a praxis of peace in political violence

By E. Munshya, LLM, MBA, MDIV Our nation is in crisis. We have suddenly realised that we too are a violent nation. The so called oasis of peace, we think
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A New Legal Tradition: Commentary on the rules of Zambia’s Constitutional Court

By E. Munshya, LLM, MBA, M.DIV. On May 27, 2016, Justice Marvin Mwanamwambwa, the Deputy Chief Justice of Zambia and acting Chief Justice signed Statutory Instrument No. 37 of 2016
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Splitting Regulation from Fraternity: Reforming the Law Association of Zambia

By E. Munshya LLM, MBA, MDIV The functions and objects of the Law Association of Zambia (LAZ) are very important in our system of law, government and politics. LAZ’s mandate
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Mixing Tobwa with Munkoyo: Have Malawian Voters Invaded Zambia?

E. Munshya, LLM, MBA, MDIV. Reports that Malawians have invaded Zambia to vote should be evaluated within the ambit of history, for without such an analysis we will become rumour
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Commentary on Justice Sichinga’s Ruling in the Grade 12 Requirement Case

By E. Munshya, LLM, MBA, MDIV. (Barrister & Solicitor) On May 10, 2016 at Kabwe Justice Dominic Y. Sichinga issued his decision in the Sibongile Zulu v. Electoral Commission of
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Separation of Powers Betrayed: Why Justice Lengalenga got it wrong in the GBM case

E. Munshya, LLB, LLM, MDIV. In the Zambian doctrine of separation of powers, each branch of government has a distinct role to play and no one branch should interfere in
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Here is Why I am Questioning President Lungu’s Motives for Declaring an Emergency in Zambia

Posted on July 6, 2017 by Elias Munshya, MBA, LLM, MA, MDIV 8 comments

E. Munshya, LLB, LLM, MBA, M.DIV. When a president declares a state of emergency, or as we are now calling it, a state of a situation which, if allowed to continue, “may lead to a state of emergency”, he needs not be second guessed. Our laws and our constitution empower the head of our republic, in good judgment, to assess

When the State Becomes a False Prophet: How Rev. Sumaili’s views threaten Zambia’s constitutionalism

Posted on May 22, 2017 by Elias Munshya, MBA, LLM, MA, MDIV 4 comments

E. Munshya, LLB, LLM, MBA, MDIV. Zambia’s minister of religious affairs and national guidance, the Honourable Reverend Godfridah Sumaili spoke with the Zambia Blog Talk Radio on Saturday, May 20, 2017. I found her sentiments in that interview to be deeply disturbing. Rev. Sumaili sounds like a very good person. However, tyranny when perpetrated by good people is very difficult

Resisting The Lungu Dictatorship: Drop Hichilema’s treason charge and fire Zambia Police boss Kanganja

Posted on April 18, 2017 by Elias Munshya, MBA, LLM, MA, MDIV 11 comments

By Elias Munshya, LLM, MBA, M.DIV. Dictatorships rise not by the deliberate acts of its perpetrators, but by the silent ambivalence of its tolerators. No one truly lives and plans to become a dictator. Mobutu never planned to be one, and neither did Idi Amin Dada. These gentlemen found themselves in situations which appeared conducive to stretch their power, their

Political Theology

Regulating Lawyers In Zambia: principles and practice

Posted on April 10, 2017 by Elias Munshya, MBA, LLM, MA, MDIV One comment

By Elias Munshya, LLM, MBA, M.DIV. Professional regulation of lawyers must be undergirded by several principles. First, the legal profession must be self-regulating. Self-regulation in the context of lawyers means that lawyers license themselves, assess the ritual fitness of practitioners, discipline themselves and promulgate their own rules of conduct. The principle of self-regulation is very important and must always be

Does the Law Association of Zambia Act (CAP 31) Over-Politicize Zambia’s Legal Profession?

Posted on March 30, 2017 by Elias Munshya, MBA, LLM, MA, MDIV One comment

By Elias Munshya, MBA, LLM, M.DIV. Now that the Zambian parliament could be debating ways to revamp the way lawyers are regulated in Zambia, it is prudent to investigate how the Zambian statutes regulating legal practitioners compare with those in the Southern Africa Development Community (SADC) region. The SADC region obviously includes several countries who do not follow the English

Hon. Kelvin Sampa’s Law Societies Bill (2017): The Good, The Bad and the Ugly

Posted on March 24, 2017 by Elias Munshya, MBA, LLM, MA, MDIV Leave a comment

By Elias Munshya, LLM, MBA, M.DIV. I commend parliament for considering changes to the Law Association of Zambia Act (LAZ Act). I agree that the LAZ Act needed reform to make it more responsive to present realities. However, the proposed Law Societies of Zambia Bill that is being considered to replace the LAZ Act requires further work for it to

Political Theology

Statutory Recognition of Customary Marriages In Zambia: Reforming colonial marriage laws

Posted on March 18, 2017 by Elias Munshya, MBA, LLM, MA, MDIV 2 comments

By Elias Munshya, BA, MA, MA, LLM, MBA, M.DIV. It is a little more complex than I explain in this article. But let me try to be as clear as I can. The current laws in Zambia regarding marriage and divorce are deeply steeped in colonialism and need urgent reform. Basically, during colonialism, Britain created roughly two categories of marriage

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