Monthly Archives: September 2015

Preliminary Ruling Procedure under EU Law and the Lessons for the African Union

By Elias Munshya, LLB (Hons), LLM, M.Div. The European Court of Justice (ECJ) is the sole interpreter of the treaties and acts of the institutions of the European Union (EU). The African Union (AU) has not adopted a court similar to the role provided by the ECJ to the EU. Nevertheless, if and when the AU establishes such a court,

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A Theory of Alternative Dispute Resolution in Zambia

By Elias Munshya, MBA, LL.M, M.Div. Recently, Zambia’s newly installed Chief Justice Irene Mambilima reminded the legal community of the need to use Alternative Dispute Resolution (ADR). According to Slapper & Kelly (2009: 391) ADR is a means of resolving disputes without resorting to court action. It is available in civil cases but not criminal cases. ADR includes Arbitration, Mediation,

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“Fairness” In English and Zambian Administrative Law

By Elias Munshya, LLB, LLM, MBA, M.Div. Administrative law is that branch of law that governs the scope and activities of government agencies. Government agencies are daily making important decisions that affect Zambian citizens. However, in the discharge of their functions administrative bodies must act with “fairness”. Together with the right to an unbiased judge, the right “to a fair

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