Monthly Archives: March 2016

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 the other’s function. Parliament makes the law, the executive implements the law while the judiciary interprets the law. But this doctrine is quite subtle. Our system of government does allow

Read more

When London Calls: Musa Mwenye, legal ethics and the politics of client confidentiality

E. Munshya, LLB, LLM, MDiv. There is nowhere to hide anymore. Big corporations that dare pollute our rivers and poison our waters should be held accountable anywhere around the world. A word of caution to big companies, please treat all stakeholders well and be socially responsible. Polluting our rivers and poisoning the sacred springs of Chingola will result in dire

Read more

Justice Mushabati and the Electoral Commission of Zambia are Wrong on the Grade 12 Requirement

E. Munshya, LL.B., LL.M., M.Div. Justice Christopher Mushabati, a commissioner at the Electoral Commission of Zambia (the “Commission”) has issued what seems to be an official directive from the Commission about the Grade 12 requirement for running in the 2016 elections. According to him, only a school certificate as defined by the Examinations Council of Zambia (the “Council”), will be

Read more

PF aspirant Emmanuel Mwamba should resign from the public service immediately

E. Munshya, LLB, LLM, M.Div. His Excellency Emmanuel Mwamba, High Commissioner of the Republic of Zambia to the Republic of South Africa has applied to the ruling Patriotic Front to be considered for adoption as a parliamentary candidate in Matero. Mr. Mwamba’s political background is very well known. He was the principal architect of candidate Edgar Lungu’s media strategy in

Read more

Grade 12 Certificate Is Not the Only Qualification, Stop Demanding It

E. Munshya, LLB., LLM, M.Div., MBA To borrow from the late Justice Antonin Scalia, Zambia has a written constitution which “says what it says and does not say what it does not say”. Barring some concepts that are deeply tied to constitutionalism, the Zambian constitution should be interpreted from the intention of its written text. It is not surprising that

Read more