By Dr Elias Munshya Today marks a significant milestone – precisely one year since I arrived in Canberra, Australia, to … More
Category: 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 … More
The Electoral Confusion of Zambia: What Zambia’s Elections Body Must Do To Inspire Confidence
By Elias Munshya The Electoral Commission of Zambia (ECZ) has a very fancy and lofty leader in Justice Esau Chulu. … More
The Patriotic Front Government Should Stop Abusing Police Powers In Zambia
By Elias Munshya Power is easy to abuse. There is this sense endemic in those who wield guns and bombs … More
The Failure of the Parastatal Economic Model in Zambia
by Elias Munshya There is definitely a series of stories that can be told about President Frederick Chiluba’s privatisation program. … More
Stop the Privatization Talk, It Will Not Help the Zambian Economy
By Elias Munshya When you are broke as a country, it matters where you are directing your energies and efforts. … More
Christianity, Campaigns, and the Politics of God’s Choice
by Elias Munshya Never have we, and neither should we, object to the Honourable Minister of Religious Affairs Rev. Godfridah … More
Writing to Pass: My Dissertation Advice to Law Students
By Elias Munshya Occasionally, law students from Zambian law schools do contact me for some “dissertation ideas”. Some find our … More
The Nakachinda Parliamentary Committee Report on Bill 10
Disclaimer: Elias Munshya and Munshya Law are not responsible for any inaccuracies of this draft report. This is a draft … More
Mwaculeni: Why Bill 10 should rest in eternal peace
By Elias Munshya When Justice Minister Given Lubinda announced efforts to amend the Constitution of Zambia, he did it with … More
Download the LAZ Bill 10 Petition in the Constitutional Court – Here
Click Here for the Petition – The Law Association of Zambia Bill 10 Petition
Zambian Pentecostal Leaders Must Speak Up Against Bill 10: Here is Why
The Constitution of Zambia (Amendment) Bill, 2019 (Bill 10) appears to have some footprints of the Pentecostal mindset in so … More
Some Subtle Proposed Changes that Make Bill 10 Even More Bizarre
By Elias Munshya Bill 10 is obviously a disaster. You cannot bring together hundreds of people for 14 days and … More
Zambia’s Bill 10: Why aren’t Pentecostal church leaders speaking up?
By Elias Munshya Bill 10 proposes to abolish the multi-religious character of the Republic of Zambia that is enshrined in … More
The 2019 Constitution of Zambia Amendment Bill Should be Withdrawn: Here is why
By Elias Munshya, LLM, MBA, M.DIV. The Constitution of Zambia (Amendment) Bill, 2019 has been published as Bill 10. Very … More
You Can Download The Constitution of Zambia Amendment Bill, 2019 Here
We have a copy of the Constitution-Amendment-BILL, courtesy of https://acazambia.org. Here it is: Constitution-Amendment-BILL
MUNSHYA LAW: What our law firm can do for Zambians wishing to emigrate to Canada
by Elias Munshya, LLM, MBA, M.DIV. Munshya Law (www.munshyalaw.com), is a Canadian immigration law firm based in Calgary, Alberta, Canada. … 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 … 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 … More
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 … 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 … More
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 … More
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) … More
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 … More
I Wrote the Chief Justice of Zambia: Here is why
I wrote because I believe in Zambia. I wrote because those who claim to hold dear the rule … More
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 … More
Mumba Yachi, Lenshina and the Continuing Challenges of Zambian Citizenship
E. Munshya, LLM, MBA, M.DIV. In Chiwempala It was a bright sunny Chiwempala morning in 1992. Some looked extremely old, … More
Here is Why I am Questioning President Lungu’s Motives for Declaring an Emergency in Zambia
E. Munshya, LLB, LLM, MBA, M.DIV. When a president declares a state of emergency, or as we are now calling … 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 … 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 … 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 … More
Statutory Recognition of Customary Marriages In Zambia: Reforming colonial marriage laws
By Elias Munshya, BA, MA, MA, LLM, MBA, M.DIV. It is a little more complex than I explain in this … More
Liberty In Sorrow: Zambia should investigate Iglesia Ni Cristo stampede but unban the church
By Elias Munshya, BA, LLB, MA, MA, LLM, MBA, MDIV. March 6, 2017 was a sad day for Zambia. … More
Why the Zambia Police Command should reverse its ban on foreign spouses
E. Munshya, LLM, MBA, MDIV. It is rather shocking, and very surprising that the Zambia Police command has now banned … More
When “Icishimba” Goes Rogue: Dr. Kambwili and the future of the ruling Patriotic Front (PF)
E. Munshya, LLM, MBA, M.DIV. Even if President Lungu were to turn water into wine, there is just no way … 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 … 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 … More
The Law Association of Zambia: My proposals for reform
By E. Munshya, LLM, MBA, MDIV. Change must come to the Law Association of Zambia (LAZ). LAZ in its current … More
Amos Chanda, Judges and the Challenge of Reforming the Law Association of Zambia
E. Munshya, LLM, MBA, M.DIV. Words alleged to have come out of Mr. Amos Chanda’s mouth concerning the judiciary were … 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 … More
Organising the Law: Towards a theory of legal presumptions in the common law
By E. Munshya, LLB, LLM, MBA, M.DIV. The law, like life itself, is not an exact science. Or perhaps we … More
Zambia’s Constitutional Court Must Assume Concurrent Jurisdiction over the Bill of Rights: Here is why
By E. Munshya, LLM, MBA, MDIV Where should Zambians go to enforce the Bill of Rights? Should it be the … 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 … 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 … More
Divided We Stand: Politics of national cohesion after Zambia’s 2016 elections
By E. Munshya, LLM, MBA, MDIV The so called divisions we think have emerged in the aftermath of the August … More
Learning from King Cobra: Sata, Hichilema and the politics of electoral defeat
By E. Munshya, LLM, MBA, MDIV. There is no better way to win an election than to win an election. For … More
Eliasmunshya.org Projects that Edgar Lungu wins Zambia’s 2016 Presidential Elections
We made the following assumptions: Some constituencies in Western Province are yet to report. So we are giving HH a … 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 … More
Loving the “Other” In Zambia: Towards a praxis of peace in political violence
By E. Munshya, LLM, MBA, MDIV Our nation is in crisis. We have suddenly realised that we too are a … 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 … More
A New Legal Tradition: Commentary on the rules of Zambia’s Constitutional Court
By E. Munshya, LLM, MBA, M.DIV. On May 27, 2016, Justice Marvin Mwanamwambwa, the Deputy Chief Justice of Zambia and … More
Splitting Regulation from Fraternity: Reforming the Law Association of Zambia
By E. Munshya LLM, MBA, MDIV The functions and objects of the Law Association of Zambia (LAZ) are very important … More
Dig Deeper & Pay: The Past Newspaper’s simplified guide to paying tax in Zambia
E. Munshya, LLM, MBA, MDIV Let us suppose that a Mr. Derrick Mumba goes into the business of selling newspapers in … More
Mixing Tobwa with Munkoyo: Have Malawian Voters Invaded Zambia?
E. Munshya, LLM, MBA, MDIV. Reports that Malawians have invaded Zambia to vote should be evaluated within the ambit of … More
Commentary on Justice Sichinga’s Ruling in the Grade 12 Requirement Case
By E. Munshya, LLM, MBA, MDIV. (Barrister & Solicitor) On May 10, 2016 at Kabwe Justice Dominic Y. Sichinga issued … More
Cabinet After Dissolution of Parliament: Towards a theory of Zambia’s constitutional law
E. Munshya, LLB, LLM, MBA, M.DIV. The subject of the constitution of Zambia can be confusing to experts and laymen … More
The G12 Crisis Everybody is Ignoring: How the Electoral Commission of Zambia is betraying rural Zambia
E. Munshya, LLB, LLM, M.Div. Zambia is more than Lusaka. Zambia is more than Ndola. It is dangerous to judge … 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 … More
Towards a theory of parliamentary intent in view of Zambia’s Grade 12 requirements
By E. Munshya, LLB, LLM, MBA. There is just no way of insulating ourselves from the brutality of language. No … More
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 … 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 … 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 … 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 … More
Education in Peril: How ZAQA can save Zambia’s tertiary education crisis
E. Munshya, LL.B., LL.M., M.Div. It is a national crisis when you have university graduates who cannot read, cannot write … 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 … More
When a Constitution Forgets: A theory of interpreting Zambia’s constitution
E. Munshya, LLM, MBA, M.Div. Surprise, surprise. Now that we have read the new constitution we are quickly realising just … More
Zambia’s Sugo Fiasco: Interpreting the constitution’s Grade 12 requirement
E. Munshya, LLB, LLM, MBA, M.Div. In the recent constitution amendment signed by President Edgar Lungu is a provision that … More
Download Zambia’s New Constitution (as amended)
You can download Zambia’s constitution as amended. Please note that the constitution is not necessarily a new constitution but … More
The Sky was Never His Limit: The life and times of Bishop Banda of Kitwe
E. Munshya, LLM, M.Div. In his 2008 dissertation, theologian and historian Dr. Andriano Chalwe wrote the following about Bishop … More
I Object: Why Ms. Libongani should not come to Canada as Zambia’s High Commissioner
By E. Munshya, LLM, M.Div., MBA To all police officers, please serve Zambians impartially. Do not shoot the innocent. Do … More
On ZIALE: Questions, concerns and the way forward
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.
“Boasting na njala”: Why ZIALE results don’t make sense
E. Munshya, LLM, MBA, M.Div. Fifty-one years after independence, we are a nation of “njala” and legal “load shedding”. In … 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 … More
The Intersection of Ethics and Law in Zambia’s Corporate Sector
By Elias Munshya, LL.M., MBA, M.Div. A business corporation on the Copperbelt is alleged to have polluted the Kafue River … More
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 … More
Insanity and Automatism in English and Zambian Criminal Law
By Elias Munshya, LL.M, M.B.A., M.Div. Under both English and Zambian law, the defence of insanity applies if it is … More
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 … More
“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 … 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 … More
One Zambia Many Cheats: The politics and challenges of dual nationality
Elias Munshya, LLM, M.Div. President Edgar Chagwa Lungu has indicated that he will support dual nationality for Zambians. While we … More