One Year On – Reflecting on my Service for Zambia in Canberra

By Dr Elias Munshya Today marks a significant milestone – precisely one year since I arrived in Canberra, Australia, to … More

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

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