Category Archives: Law

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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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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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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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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