By Elias Munshya Last week, Zambia’s Justice Minister offered quite staggering statistics of divorces in Zambia. He said that in the four years between 2016 and 2019, Zambian courts recorded 61,000 divorces. Sixty thousand marriages were dissolved in Zambia’s local… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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,… Read More ›
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… Read More ›
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… Read More ›
Click Here for the Petition – The Law Association of Zambia Bill 10 Petition
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
We have a copy of the Constitution-Amendment-BILL, courtesy of https://acazambia.org. Here it is: Constitution-Amendment-BILL
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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…. Read More ›
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… Read More ›
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… Read More ›
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…. Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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,… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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,… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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…. Read More ›
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… Read More ›
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… Read More ›
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”…. Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
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… Read More ›
E. Munshya, LLB, LLM, MBA, M.DIV. The subject of the constitution of Zambia can be confusing to experts and laymen alike. To avoid some confusion, I will use the term “1991 constitution” to refer to the original Mvunga constitution of… Read More ›
E. Munshya, LLB, LLM, M.Div. Zambia is more than Lusaka. Zambia is more than Ndola. It is dangerous to judge the republic of Zambia by the standards of urban Zambia. It is ridiculous that a portion of 750,000 kilometres squared… Read More ›
By E. Munshya, LLB, LLM, MBA, M.Div. In view of the recent bus road accidents, an administrative body entrusted with licensing bus and transport companies, the Road Transport and Safety Agency (RTSA), issued suspension notices to several bus companies for a… Read More ›
By E. Munshya, LLB, LLM, MBA. There is just no way of insulating ourselves from the brutality of language. No matter how much care we take, there will always be some level of absurdity and ambiguousness in the language of… Read More ›
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… Read More ›
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… Read More ›
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…. Read More ›
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… Read More ›
E. Munshya, LL.B., LL.M., M.Div. It is a national crisis when you have university graduates who cannot read, cannot write and cannot spell. It is a national disaster if you have graduates who cannot reason or engage in critical thinking…. Read More ›
By E. Munshya, LLM, MBA, M.Div. Nothing can get more politically bizarre than the sudden announcement that Elias Chipimo, Miles Sampa and Eric Chanda would form an electoral alliance to defeat the incumbent Patriotic Front (PF) government. This Sampa-Chipimo-Chanda (SCC)… Read More ›
E. Munshya, LLM, MBA, M.Div. Surprise, surprise. Now that we have read the new constitution we are quickly realising just how much of a blessing, and a controversy it has become. I would be surprised if a constitution did not… Read More ›
E. Munshya, LLB, LLM, MBA, M.Div. In the recent constitution amendment signed by President Edgar Lungu is a provision that is both absurd and confusing. According to Article 70 (1) (d), a person is eligible to be elected as a… Read More ›
You can download Zambia’s constitution as amended. Please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 Constitution. This is why it is called the Constitution of Zambia (Amendment) Act of… Read More ›
E. Munshya, LLM, M.Div. In his 2008 dissertation, theologian and historian Dr. Andriano Chalwe wrote the following about Bishop Sky Zibani Banda: “Banda will be remembered for his generosity.” He was right. Out of the many tributes pouring in… Read More ›
By E. Munshya, LLM, M.Div., MBA To all police officers, please serve Zambians impartially. Do not shoot the innocent. Do not curtail liberties of our people. Protect President Lungu just as much as you would protect others. If you do… Read More ›
When the Zambia Institute of Advanced Legal Education (ZIALE) released its results two weeks ago, I expressed my concern at the low passing rate. I am not alone in this concern. I have been asked some questions. I would like to answer them in turn.
E. Munshya, LLM, MBA, M.Div. Fifty-one years after independence, we are a nation of “njala” and legal “load shedding”. In this context, it is not physical hunger I am talking about, but legal hunger. In a population of 15 million… Read More ›
By Elias Munshya, LL.M., MBA, M.Div. On Sunday October 18, 2015 President Edgar Lungu did something that was quite consistent with the practices of many of his predecessors: associate the Zambian state with the Christian religion. From its founding to… Read More ›
By Elias Munshya, LL.M., MBA, M.Div. A business corporation on the Copperbelt is alleged to have polluted the Kafue River system in Chingola causing death and untold suffering among the local residents. While these remain allegations at the moment, ethical… Read More ›
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… Read More ›
By Elias Munshya, LL.M, M.B.A., M.Div. Under both English and Zambian law, the defence of insanity applies if it is established that at the time of committing a crime, the accused was under the defect of reason from the disease… Read More ›
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… Read More ›
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… Read More ›
Elias Munshya, LLM, MDiv., MA, MBA To say that Zambia’s new defence minister is a political neophyte is an understatement. President Lungu’s choice is surprising, shocking and ultimately contentious. From the little I have gathered, the Patriotic Front diehards are quite… Read More ›
Elias Munshya, LLM, M.Div. President Edgar Chagwa Lungu has indicated that he will support dual nationality for Zambians. While we do not yet know the shape this initiative will take, it is important for us to support it. The last… Read More ›
E. Munshya, LLM, M.Div. Chama Fumba’s “A Lungu Anabwera” is most likely defamatory, disparaging, insulting and slanderous. No matter how we spin it, stating that President Edgar Chagwa Lungu is a “clueless drunkard from Chawama who came with suitcases full… Read More ›
