Law

Redeeming Zambian Customary Laws: What we can do about making marriage and divorce laws fairer

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 ›

The Mafia in Charge: Is there collusion to undermine the rule of law in KCM’s liquidation?

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 ›

Hope for Aunty Dizzy: Zambia’s minister of finance needs immediate access to addiction treatment

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 ›

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… Read More ›

When the State Becomes a False Prophet: How Rev. Sumaili’s views threaten Zambia’s constitutionalism

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 ›

Regulating Lawyers In Zambia: principles and practice

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 ›

Does the Law Association of Zambia Act (CAP 31) Over-Politicize Zambia’s Legal Profession?

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 ›

Review of the Zambian Supreme Court’s Decision in Folayinka Esan v Attorney General (2016)

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 ›

President Edgar Lungu is Not Eligible to Stand in 2021: Here is why

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 ›

Luo Falls in Munali: My analysis of Justice Musona’s ruling in Mwamba v Nkandu Luo (2016)

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 ›

The Philosophy of Judicial Reasoning: Making sense of Zambian Constitutional Court’s “14-days” ruling

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 ›

The Law Association of Zambia and the challenge of policing politico-legal speech

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 ›

Zambia’s Constitutional Court Ruling on Cabinet Ministers

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 ›

Towards A Theology of Hospitality: The Referendum and Zambia’s Christian nation declaration

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 ›

Suspending Mazhandu Buses: The politics, the professionals, and administrative law in perspective

 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 ›

Alliances of the Bizarre: The shape of Zambian politics towards the 2016 elections

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 ›

God and Politics: An analysis of Niebuhr’s typologies in the Zambian context

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 ›

The Siamunene Factor: Implications for Edgar Lungu and the future of the Patriotic Front

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 ›

A Nation of Ba Chakolwa: My position on Pilato’s “A Lungu Anabwera”

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 ›

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