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Mwaculeni: Why Bill 10 should rest in eternal peace
By Elias Munshya When Justice Minister Given Lubinda announced efforts to amend the Constitution of Zambia, he did it with a great deal of arrogance and an inexcusable insult to
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Why I am Supporting Zambia’s Yellow Card Protest of July 20, 2019
By Elias Munshya There comes a time in the life of a nation that citizens of all walks of life, of goodwill and bad will, tall and short, Tonga and
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You Can Download The Constitution of Zambia Amendment Bill, 2019 Here
We have a copy of the Constitution-Amendment-BILL, courtesy of https://acazambia.org. Here it is: Constitution-Amendment-BILL
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I Wrote the Chief Justice of Zambia: Here is why
I wrote because I believe in Zambia. I wrote because those who claim to hold dear the rule of law, must act when the rule of law gets
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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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The Electoral Confusion of Zambia: What Zambia’s Elections Body Must Do To Inspire Confidence
By Elias Munshya The Electoral Commission of Zambia (ECZ) has a very fancy and lofty leader in Justice Esau Chulu. Just a few weeks ago, the elections body claimed to have put together a body of eminent Zambians to advise the constitutionally elected body. However, what we see coming from the ECZ has the potential of churning our country into
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The Patriotic Front Government Should Stop Abusing Police Powers In Zambia
By Elias Munshya Power is easy to abuse. There is this sense endemic in those who wield guns and bombs to think that they are somehow invincible. To this theme, we must return. Daily. If not monthly. But frequently we should. We will continue writing. And talking. And teaching. We will continue to demand. And demonstrate. We will continue to
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The Failure of the Parastatal Economic Model in Zambia
by Elias Munshya There is definitely a series of stories that can be told about President Frederick Chiluba’s privatisation program. It had its own positives and its negatives. It could definitely have been done better. But privatisation, we needed to do. There was no alternative. Several of our citizens insist that those companies were “assets”. Indeed, they were. But years
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Stop the Privatization Talk, It Will Not Help the Zambian Economy
By Elias Munshya When you are broke as a country, it matters where you are directing your energies and efforts. It makes no sense that at the time that one dollar is trading at K20, we should be wasting our brains and our common sense on a question that will not resolve the price of bread or the value of
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Christianity, Campaigns, and the Politics of God’s Choice
by Elias Munshya Never have we, and neither should we, object to the Honourable Minister of Religious Affairs Rev. Godfridah Sumaili exercising her constitutional right to belong and campaign for her political party of choice. As a citizen of this country, she has the right to belong and promote a party of her personal choice. In fact, as a member
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WHEN THE COMMANDER GOES ROGUE: PRESIDENT LUNGU, ACC, AND THE FIGHT AGAINST CORRUPTION
By Elias Munshya President Lungu’s trip to the Copperbelt this last weekend did not just end up spreading COVID-19 to the innocent masses that attended his rallies. Still, it was also the opportunity for the President to say the darndest things. If the President and his handlers want us to accord some respect to his high office, he must behave
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The Cabbage Who Became A Piece Of Steak: Remembering Levy Patrick Mwanawasa
By Elias Munshya President Levy Patrick Mwanawasa (Zambian President from 2002 to 2008) was a controversial figure. Without a doubt, he has gone into history as one of the most controversial presidents. Several things about Mwanawasa are contentious. Just how he was called from political retirement to become Chiluba’s preferred MMD presidential candidate ruffled many feathers within the MMD in
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PRESIDENT EDGAR LUNGU MUST STOP UKUSEYA to control the spread of covid-19 to zambia’s villages
by Elias Munshya When I say that His Excellency, the President of our Republic, is spreading the COVID-19 virus, I do not mean that he has the virus. What I mean is that his current travel schedules expose the people of Zambia in remote areas to COVID-19. The President does not travel alone. Even if the President himself has done
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Dr. Chisela Chileshe Should Resign or Be Fired
By Elias Munshya This past weekend His Excellency, the President of the Republic of Zambia Dr. Edgar Chagwa Lungu, flew to Monze to hand over Chinese constructed houses for officers of the Zambia Correctional Service. The Zambia Correctional Service is one of the security wings over which President Lungu, as commander in chief, presides. President Lungu’s incursions into Choma and
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President Lazarus Chakwera And the Opportunities of A Pentecostal Political Theology
By Elias Munshya Malawian Pentecostals must be very proud of themselves. They have managed to get one of them to become President of Malawi. What a great honour and privilege. Rev. Dr. Lazarus Chakwera is not only a member of the Pentecostal fraternity; but one of the classical Pentecostals’ well-known figure across Southern Africa and indeed the world. He has
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Insults under zambian law – should the police arrest people for insulting others? (video)
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Why Does the PF Want to Take Over CEC?
By Elias Munshya Our concern for the viability of our country is what drives us. It is never to be malicious. But to believe that our country can be and do better. We find no pleasure in assailing this President and his clueless cabinet. However, if we are to inspire development among our people, we must challenge him and his
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Towards A Post-Africanist Renewal
By Elias Munshya Pan-Africanism has serious deficits, as a philosophy for the African. It has so far failed to help Africans imagine a future that goes beyond useless slogans. Pan-Africanism cannot spur African imagination any longer as it is deeply steeped in victimhood. Africans, according to Pan-Africanism, are victims – victims of forces outside the African. And to defeat those
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Blood in Isoka: The continuing failure of Edgar Lungu’s leadership
By Elias Munshya Honourable Dora Siliya, the minister of information and broadcasting, issued a statement on May 17, 2020, condemning the behaviour of ruling PF cadres who had invaded several radio stations in Muchinga Province. The conduct of PF thugs is unwelcome. This behaviour is a detriment to the development of both common sense and the rule of law. The
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COVID-19 and the Performances for the Camera In Zambia
By Elias Munshya The two government ministers, based on their performance when announcing the COVID-19 deaths, seem to have acted so well for the camera that some of our people think that they are a couple made from heaven. I do not think heaven, but perhaps hell. I am a Pentecostal after all. How we elevate thieves and celebrate them,
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Writing to Pass: My Dissertation Advice to Law Students
By Elias Munshya Occasionally, law students from Zambian law schools do contact me for some “dissertation ideas”. Some find our blog very helpful in helping them narrow down a topic or two. While http://www.eliasmunshya.org is meant for the general audience, we are humbled at how we are contributing to the budding legal scholarship in Zambia. Here then are some dissertation
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The Nakachinda Parliamentary Committee Report on Bill 10
Disclaimer: Elias Munshya and Munshya Law are not responsible for any inaccuracies of this draft report. This is a draft report which becomes official after the Committee presents it to the Zambian parliament using parliamentary procedure. Should any one require specific legal advise arising from any issues in this document, kindly consult members of the Zambian bar – except perhaps
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Mwaculeni: Why Bill 10 should rest in eternal peace
By Elias Munshya When Justice Minister Given Lubinda announced efforts to amend the Constitution of Zambia, he did it with a great deal of arrogance and an inexcusable insult to the people of Zambia. My friend, the Attorney General, took no time in implementing this devious plan. At first, we were told that the effort was just clean up some
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Zambia is a Christian Nation and a Multi-Religious Nation
By Elias Munshya The commotion over Bill 10’s proposal to Christianise the Zambian constitution is in my opinion, wholly unnecessary and a waste of time. Zambia is already a Christian nation. It has been a Christian nation. White Christian missionaries brought education and Christianised much of the Zambian territory. Indigenous African evangelists such as Rev. David Kaunda of Malawi brought
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Download the LAZ Bill 10 Petition in the Constitutional Court – Here
Zambian Pentecostal Leaders Must Speak Up Against Bill 10: Here is Why
The Constitution of Zambia (Amendment) Bill, 2019 (Bill 10) appears to have some footprints of the Pentecostal mindset in so far as the Declaration of Zambia as a Christian nation is concerned. Nevertheless, this footprint is not quite what it promises to be. There is a need for Pentecostals to push back against this idea that the faith should be
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Some Subtle Proposed Changes that Make Bill 10 Even More Bizarre
By Elias Munshya Bill 10 is obviously a disaster. You cannot bring together hundreds of people for 14 days and expect that within that time frame, you can come up with anything sensible. That the NDF was a complete sham is seen by the fruits and surrogates it has borne. You shall know them by their fruits cannot be more
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Drop Bill 10: Why Zambians are taking the “Constitution of Zambia Amendment Bill” personally
By Elias Munshya Obliterating the Personal? One of the first things that get destroyed when a dictatorship is trying to entrench itself is personal responsibility and personal accountability. When a government wants to kill and maim its people, it first begins by depersonalising them and the issues that concern them. It is not surprising, therefore, that the Justice Minister is
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Zambia’s Bill 10: Why aren’t Pentecostal church leaders speaking up?
By Elias Munshya Bill 10 proposes to abolish the multi-religious character of the Republic of Zambia that is enshrined in the Constitution of Zambia – in both the entrenched and the unentrenched provisions. With due respect to my vocal Pentecostal sisters and brothers – Zambia is a multi-religious nation. And the history and suspicion that we Pentecostals have had to
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The Johannesburg High Court’s KCM Ruling Embarrasses The Zambian Judiciary and All of Us
By Elias Munshya Zambia has excellent legal minds. It has exceptional jurists. However, there is something fundamentally problematic within the Zambian legal system that continues to tolerate mediocrity. When ZCCM-IH obtained the ex-parte Order from the Lusaka High Court to begin liquidating KCM, we sounded the alarm. The alarm was really not about whether Vedanta was the right investor or
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Why I am Supporting Zambia’s Yellow Card Protest of July 20, 2019
By Elias Munshya There comes a time in the life of a nation that citizens of all walks of life, of goodwill and bad will, tall and short, Tonga and Tumbuka, need to band together to resolve the ills afflicting their common existence. On Saturday, July 20, 2019, the people of Lusaka, and Zambia will have an infrequent opportunity to
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The 2019 Constitution of Zambia Amendment Bill Should be Withdrawn: Here is why
By Elias Munshya, LLM, MBA, M.DIV. The Constitution of Zambia (Amendment) Bill, 2019 has been published as Bill 10. Very soon, it will be presented to the parliament of Zambia for debate, consideration, and possible enactment. To say that Bill 10 has significant problems is an understatement. Bill 10 is a disaster and its effect on the constitutional architecture of
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You Can Download The Constitution of Zambia Amendment Bill, 2019 Here
We have a copy of the Constitution-Amendment-BILL, courtesy of https://acazambia.org. Here it is: Constitution-Amendment-BILL
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MUNSHYA LAW: What our law firm can do for Zambians wishing to emigrate to Canada
by Elias Munshya, LLM, MBA, M.DIV. Munshya Law (www.munshyalaw.com), is a Canadian immigration law firm based in Calgary, Alberta, Canada. Elias Munshya is the principal of the law firm. Munshya is a member of the Law Society of Alberta. He holds various academic and professional degrees including an MBA in Law, an LLM, and an LLB from England. We want
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Why I Remain Optimistic About Zambia’s Future
By Elias Munshya, LLM, MBA, MDIV. Amid a barrage of attack on our democratic institutions, it is crucial that we as a people do not succumb to the feeling of hopelessness and pessimism. I have an abiding faith in the people of Zambia that they will be able to overcome all challenges to stir their country back on to a
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A Senate of Betrayal: Of Doctorates and Good Governance
By Elias Munshya, LLM, MBA, MDIV. The Senate of the University of Zambia has, in its wisdom, or most appropriately, foolishness decided to confer upon President Edgar Lungu an honorary doctorate. Typically, universities around the world have a specific choice for an honorary degree. Universities usually grant the general “doctor of laws”. Surprisingly, even those without a faculty of law
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The Mafia in Charge: Is there collusion to undermine the rule of law in KCM’s liquidation?
By Elias Munshya, LLM, MBA, M.DIV. It is strange that ZCCM-IH went ex-parte to the Lusaka High Court to apply that Konkola Copper Mines (KCM) be placed under liquidation, or to be technically correct, under “provisional liquidation”. From the look of things, this Application and its resultant Order seems to have been obtained in the cover of the night. It
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Hope for Aunty Dizzy: Zambia’s minister of finance needs immediate access to addiction treatment
By Elias Munshya, LLM, MBA, M.DIV. President Lungu knows or ought to know, that Honorable Margaret Mwanakatwe MP is struggling with an apparent illness requiring urgent treatment. However, I am wondering why despite this notorious fact, the president still maintains her at the ministry of finance. Is the president taking advantage of a woman’s illness for his political ends? As
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“Impumba Mukowa”: Our analysis of GBM’s resignation from the UPND and his tribal ideology
By Elias Munshya, LLM, MBA, M.DIV. She who comes to tribalism must come with pure tribal hands. You cannot be an impumba mukowa and yet choke our nation with useless, baseless, and senseless tribal nonsense. What is even more concerning is that Mr Geoffrey Bwalya Mwamba (GBM) has not repented from his vicious tribalism and tribal bait over the years. The
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The Supreme Court of Zambia’s Chifire Contempt Ruling: Our View
By Elias Munshya, BA, MA, LLB, MDIV., MBA, LLM We doubt whether this Chifire contempt case will help restore faith or respect for the Zambian Supreme Court, the respect which it deserves and desperately needs. This Chifire decision, particularly the sentencing, will not help matters at all. The Court will not garner more respect than it previously had before the
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Who is right on the CBU medical degree between Dr. Mujajati’s HPCZ and Prof. Simukanga’s HEA?
By Elias Munshya, BA, MA, LLB, LLM, MBA, M.DIV. A discussion of this nature places a demand upon us to situate this issue within elementary concepts. Zambia’s administrative law is developing very quickly. As should be expected in a burgeoning democracy, the executive state is shedding-off much of its responsibility and assigning it to statutory bodies. Changes in the administrative
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Robes Without Jobs: Proposals to cure lawyer unemployment in Zambia
E. Munshya, LLM., MBA, MDIV The shortage of lawyers in Zambia is catastrophic. The country of 15 million people currently has only 1,500 members of the bar. This is a diminutive 1 lawyer per 10,000 citizens. For the sake of comparison, Alberta has about 10,000 active lawyers in a population of 4.3 million; 1 lawyer per 400 citizens. Disturbing as
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The Law Association of Zambia’s Statement on President Lungu’s eSwatini Land Gift
This is the media statement issued by the Law Association of Zambia The Law Association of Zambia (LAZ) has followed with keen interest the public debate that has raged following revelations of a piece of land granted to President Edgar Chagwa Lungu in the Kingdom of eSwatini, formerly known as Swaziland. LAZ has also noted the serious insinuations and allegations
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It Is Time to Revisit the Law Association of Zambia Act: Here is why
By Elias Munshya, LLM, MBA, MDIV. (of the Alberta Bar) In April 2018, Zambia Institute of Advanced Legal Education (ZIALE) will unleash over 300 new lawyers in Zambia which will bring the total number of Zambian legal practitioners to 1,400. Remarkably, about half of all these lawyers have qualified in the last 5 years. A bar which was just 700
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The Nunes Memo: laughing at the end of the empire?
President Trump has declassified the Nunes’ Memo. Please find it below. Download it read it and let us know what you think. -Elias Munshya 370598711-House-Intelligence-Committee-Report-On-FISA-Abuses
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Harry Kalaba Resigns from President Lungu’s Government
We reproduce below a statement from Hon Harry Kalaba. We got the statement from his Facebook page: https://www.facebook.com/honharrykalaba/posts/1960172744231785 I HAVE RESIGNED – Harry Kalaba There comes a time in a person’s life when it becomes necessary to die to self for the good of others and if not for that reason, at least to stand for one’s cherished ideals and values.
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On Diversity, Inclusion, and Equality in the Legal Profession: My response to Jennifer Quito
By Elias Munshya, LLM, MBA, M.DIV. The Law Society of Upper Canada (LSUC) is now requiring that its licensed lawyers and paralegals create and abide by an individual Statement of Principles that acknowledges their obligation to promote equality, diversity, and inclusion generally and in their behavior towards colleagues, employees, clients and the public (emphasis mine). Apparently, this is part of
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On Judicial Independence and the Rule of Law: Why I am defending Magistrate Mwelwa of Livingstone
By Elias Munshya, LLM. MBA, MDIV. A lot has been said about this case. I will try to make it as plain simple as possible. Magistrate Benjamin Mwelwa was hearing a criminal case. The parties were as follows: The People (represented by prosecutors from the Anti-Corruption Commission and the DPP), and the accused (represented by lawyers). In Zambia and elsewhere
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I Wrote the Chief Justice of Zambia: Here is why
I wrote because I believe in Zambia. I wrote because those who claim to hold dear the rule of law, must act when the rule of law gets threatened by the acts of those who are entrusted to protect it. I wrote to reiterate our country’s support for the men and women who serve as members of the
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Mumba Yachi of Mokambo: Zambia’s lost citizens and what they can do about it
E. Munshya, LLM. MBA, M.DIV. We really do not know all the facts surrounding Mr. Mumba Yachi’s arrest. From the public domain, we understand that he has been arrested for obtaining a Zambian passport and identity documents on false pretences. He on the other hand, it is being reported, asserts that he is a descendant of Lumpa exiles who had
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Mumba Yachi, Lenshina and the Continuing Challenges of Zambian Citizenship
E. Munshya, LLM, MBA, M.DIV. In Chiwempala It was a bright sunny Chiwempala morning in 1992. Some looked extremely old, but they all appeared exhausted. I cannot quite remember seeing the young or the children among them. I can vividly remember the women, the old women. Their wrinkled faces with pleasantly wrapped ifitambala on their heads. I can’t quite recall
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Here is Why I am Questioning President Lungu’s Motives for Declaring an Emergency in Zambia
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
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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, 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
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Resisting The Lungu Dictatorship: Drop Hichilema’s treason charge and fire Zambia Police boss Kanganja
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
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Regulating Lawyers In Zambia: principles and practice
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
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Does the Law Association of Zambia Act (CAP 31) Over-Politicize Zambia’s Legal Profession?
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
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Hon. Kelvin Sampa’s Law Societies Bill (2017): The Good, The Bad and the Ugly
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
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Statutory Recognition of Customary Marriages In Zambia: Reforming colonial marriage laws
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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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 receive food handouts from a church organisation known as Iglesia Ni Cristo (INC). This church organisation was first registered in the Philippines in about 1914 and from humble beginnings and
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Lungowe and Others v. KCM: an access to justice analysis in Zambia
E. Munshya, LLM, MBA, MDIV. Chingola resident Dominic Liswaniso Lungowe and several other colleagues of his have sued both Konkola Copper Mines Plc (KCM) and Vedanta Resources Plc in the High Court of Justice, Queen’s Bench Division, Technology and Construction Court. This court’s equivalency in Zambia is the High Court of Zambia. For obvious reasons, both KCM and Vedanta objected
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Why the Zambia Police Command should reverse its ban on foreign spouses
E. Munshya, LLM, MBA, MDIV. It is rather shocking, and very surprising that the Zambia Police command has now banned its police personnel from marrying foreigners on the pretext that these foreign spouses could end up being foreign spies. Additionally, the command is asking police men and women who are married to foreigners to inform the Inspector General of Police
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When “Icishimba” Goes Rogue: Dr. Kambwili and the future of the ruling Patriotic Front (PF)
E. Munshya, LLM, MBA, M.DIV. Even if President Lungu were to turn water into wine, there is just no way the Zambezi provinces (Northwestern, Barotse and Southern) would vote for him and his ruling Patriotic Front. Not now and not in 2021. Without the Zambezi provinces, President Lungu and the Patriotic Front remain hugely dependent on at least two big
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Review of the Zambian Supreme Court’s Decision in Folayinka Esan v Attorney General (2016)
By E. Munshya, LLM, MBA, MDIV. The Zambian state daily exercises power over the population in various ways. However, the Zambian state exercises this power through designated officers tasked with the duty to perform and exercise this power. The exercise of this power generally belongs to a branch of the law known as administrative law. The power that administrative bodies
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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 106 (6) further explains that a Vice-President, or another person who assumes the presidency due to a by-election, will not be deemed to have held office if they have served
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The Law Association of Zambia: My proposals for reform
By E. Munshya, LLM, MBA, MDIV. Change must come to the Law Association of Zambia (LAZ). LAZ in its current form lacks the institutional strength needed to serve Zambians. However, the debates about the future of the Association seems to be so polarised that it is sometimes confusing to tell what exactly is going on. The genuine calls for the
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Amos Chanda, Judges and the Challenge of Reforming the Law Association of Zambia
E. Munshya, LLM, MBA, M.DIV. Words alleged to have come out of Mr. Amos Chanda’s mouth concerning the judiciary were concerning. In fact, they were dangerous. I cannot belabour any further on the points raised by the Law Association of Zambia (LAZ). President Lungu has defended his spokesman. He is saying that we all misunderstood Mr. Chanda. I hope that
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Luo Falls in Munali: My analysis of Justice Musona’s ruling in Mwamba v Nkandu Luo (2016)
By E. Munshya, LLM, MBA, MDIV. Justice E. L. Musona on Tuesday, November 22, 2016 delivered his ruling in the Munali Constituency parliamentary petition. It is a 56-page judgment imbued with story. Good story is what makes a good case. In fact, stories win cases. A trial is a story. Gathering of evidence involves story telling. Unless you learn to
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Amending the Zambian constitution should not be done in the dark
By E. Munshya, LLM, MBA, MDIV (of the Alberta Bar) The 2016 amendments of the 1991 constitution of Zambia need revision. I would be the last person to dispute that fact. From language that is ambiguous to plainly ridiculous provisions, Constitution 2016 need to be reformed. Wanting to change the constitution is one thing, however, and the process used is
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Organising the Law: Towards a theory of legal presumptions in the common law
By E. Munshya, LLB, LLM, MBA, M.DIV. The law, like life itself, is not an exact science. Or perhaps we could say, the law is both a science and an art, with the art part being much more pronounced. Since time immemorial, the desire for the truth, the whole truth and nothing but the truth has consumed the common law
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Zambia’s Constitutional Court Must Assume Concurrent Jurisdiction over the Bill of Rights: Here is why
By E. Munshya, LLM, MBA, MDIV Where should Zambians go to enforce the Bill of Rights? Should it be the Constitutional Court (ConCourt)? Or the High Court? Or can Zambians go to both? Why can’t both the High Court and the Constitutional Court have concurrent jurisdiction? The rulings coming from the ConCourt seems to suggest that they do not want
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The Philosophy of Judicial Reasoning: Making sense of Zambian Constitutional Court’s “14-days” ruling
By E. Munshya, LLM, MBA, MDIV The decision of the Constitutional Court to not hear Mr. Hichilema and Mr. Mwamba’s presidential electoral petition is really not about which of the several views expressed by the judges is “right” or “wrong”. Both the minority and the majority in the case may have been right. Judicial decision making is sometimes not about
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The Law Association of Zambia and the challenge of policing politico-legal speech
By E. Munshya, LLM, MBA, MDIV It is common knowledge that the Law Association of Zambia (LAZ) has issued a circular reminding Zambian legal practitioners that they must obtain permission from both LAZ and its Legal Practitioners Committee before they comment on legal subjects in Zambia. I have taken Isaac M. Mwanza’s (of YALI) position that the laws and regulations
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Divided We Stand: Politics of national cohesion after Zambia’s 2016 elections
By E. Munshya, LLM, MBA, MDIV The so called divisions we think have emerged in the aftermath of the August 11 elections could be good for our democracy. They show that our democracy is working, and working very well. If the people of Zambezi feel that they are not being heard, there is no better way to demonstrate their displeasure
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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. Those who want to win an election must win an election by winning an election and not winning a court case. In 2006, Michael Chilufya Sata of the Patriotic Front
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Eliasmunshya.org Projects that Edgar Lungu wins Zambia’s 2016 Presidential Elections
We made the following assumptions: Some constituencies in Western Province are yet to report. So we are giving HH a 10,000 vote spread for each constituency. Two constituencies are yet to report in Southern Province, we have given HH a 20,000 vote spread for each constituency. Some constituencies in Lusaka have not reported so we have given EL a very
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Zambia’s Constitutional Court Ruling on Cabinet Ministers
Zambia’s Constitutional Court Ruling on Cabinet Ministers Courtesy of our friend Machipisha Mwisho, we now have the Zambian Constitutional Court ruling in the case where petitioners had challenged cabinet ministers’ continued stay in office after parliamentary dissolution. Please find the ruling below. All you have to do is to download it. Steven Katuka & LAZ vs AG & Others On
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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 we are, has been challenged a great deal by recent events. Zambians known for hospitality made headlines in April, 2016 when they looted shops owned by foreigners. Suddenly, right before
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Towards A Theology of Hospitality: The Referendum and Zambia’s Christian nation declaration
By E. Munshya, LLM, MBA, MDIV Ours should be a theology of hospitality, not arrogance. An evangelical political theology in Zambia must begin reassessing the theory and practice of its Christian faith, particularly as it relates to the relationship between the Church and the state. Zambia is not a church; it is a liberal republic. We cannot run Zambia is if
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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 promulgating the rules of the Constitutional Court (C Court). It takes more than a Colosseum of judges to create a court system. Operationalisation of the Court simply means one thing:
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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 is primarily derived from two statutes: The Law Association of Zambia Act and the Legal Practitioners Act. Under the LAZ Act, LAZ’s objectives can be broadly divided into the following:
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Tax Appeals Tribunal Act 2015
Here is the Tax Tribunal Act (2015). TAX APPEALS TRIBUNAL ACT 2015 It comes courtesy of http://www.zambialii.org. Thank you, – eliasmunshya.org
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Dig Deeper & Pay: The Past Newspaper’s simplified guide to paying tax in Zambia
E. Munshya, LLM, MBA, MDIV Let us suppose that a Mr. Derrick Mumba goes into the business of selling newspapers in Milenge. Let us call it, The Past Newspaper (no pun intended). Mr. Mumba intends to work in a field he is passionate about and to make some money out of it. This would be a win-win. The government of Zambia
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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 mongers and liars who want to create a storm in a cup of tobwa, the east’s favourite drink. There are no Malawians that are invading Zambia to vote, or whose
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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 Zambia and Attorney General case. I provide an analysis of the decision using a question to answer format. Why was the case decided in the High Court instead of the
