Rev. Dr. Elias Munshya

By Ebenezer Osei Opoku

This is an academic critique of the article by Elias Munshya wa Munshya titled “Penetrating Presidential Bombasa: Why the ACC Can’t Question President Rupiah Banda Without Parliamentary Sanction”.

Background

The article¹ by Elias Munshya wa Munshya which I seek to critique, questions the power of Zambia’s Anti-Corruption Commission (ACC) to compel a former president to attend a criminal investigation hearing by asserting constitutional immunity and legal precedence. By this article I tackle the position adopted by the author by first analysing the purported immunity and precedential value of Chiluba v Attorney-General² on this matter and briefly consider why the ACC has the power to do so under the laws of Zambia. The heads of consideration are Immunity, The value of the Chiluba Precedence and the ACC Power to Summon”.

The Issue of Immunity

Determining the extent of immunity afforded former presidents under the Zambian Constitution…