Political Theology
TVBAKWETU: The story of our involvement in the victory of the new dawn revolution
By Elias Munshya Where history is written by the victors, or rather, by a section of the victors, it becomes necessary for us to provide a little documentation of our role in the struggle that eventually led to the vanquishment… Read More ›
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Lawyers Accounts and Money Laundering: Has LAZ Failed to Regulate and Discipline Its Members?
By Elias Munshya The most critical issue right now regarding lawyer regulation in Zambia is not about whether some lawyers have become kelenkas. The most egregious thing is that the regulator of lawyers in Zambia seems to have no plan… Read More ›
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Inside Edgar Lungu’s “Kelenka Debt Swap”
By Elias Munshya Just days before the general elections, the Patriotic Front government has suddenly got a brilliant idea. They will stop the public service division that administers payroll for most civil servants from deducting loan payments that government employees… Read More ›
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Citizenship and the Myth of Indigeneity in Congo, Zambia, Malawi and Beyond
by Elias Munshya A proposal is currently making its way through the Democratic Republic of Congo’s national assembly to change Congolese citizenship laws. The changes, if passed, will restrict Congolese citizenship to “pure” Congolese and ban those perceived to be… Read More ›
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The Malawian who Ruled Zambia: The Times and Life of Kenneth David Buchizya Kaunda
by Elias Munshya The Letter to Malawi One morning in 1972, that is at least ten years in power, first as Prime Minister and then President of Zambia, Dr Kenneth David Kaunda wrote a letter to the Minister of Home… Read More ›
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There are no two sides to the electoral violence in Lusaka and beyond
By Elias Munshya Those who abuse power usually shift blame to the victims. Even as it is biting off your apple, the snake first demobilizes your ability to fight back so that once it bites or eats you, you will… Read More ›
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MUNSHYA v. THE COUNCIL OF ZIALE
On Costs.
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Zambian Kalindula and Traditional Music: My Top 15 Songs
Zambian Kalindula and Traditional Music: My Top 15 Songs By Elias Munshya I will highlight these top 15 songs in descending order beginning with song number 15, and then make my way down to the top Zambian traditional song. The… Read More ›
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Matomola Likwanya Is A Political Prisoner and Must be Freed
by Elias Munshya When President Lungu paraded the police command at a press conference informing us that the police is now working on reforming itself, we knew that the President was bluffing, lying, or did not mean any words flowing… Read More ›
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The Freedom Struggle and the Aftermath: Sophena Chisembele’s book on the personal story of Sylvester Mwamba Chisembele
By Elias Munshya In the book Zambia: The freedom struggle and the aftermath, Mrs Sophena Chisembele chronicles the personal story of freedom fighter and leader Sylvester Mwamba Chisembele. It is a fascinating story. But more than just being the story… Read More ›
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“Muka Muchona” and “Na Musonda”: Women, chastity and faithfulness in Kalindula music
By Elias Munshya In Muka Muchona, legendary Zambian singer and musician Peter Tsotsi Juma paints a picture of a woman in the village whose husband has temporarily left her to look for greener pastures in the mining towns. “Ama chona”… Read More ›
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APOLOGY: TO THE GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA
By Elias Munshya I wish to apologize to everyone who was offended when I posted that President Magufuli had died of COVID-19. In fact, the Tanzanian government has confirmed that he died of a heart failure occasioned by a cardiac… Read More ›
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Towards the Philosophy of Interpreting the Zambian Constitution – Given the grade 12 requirement
By Elias Munshya The state has access to all the resources one could ever think of when drafting a constitution. In its employ is the crème de la crème of the best legislative drafters and lawyers. Further, Parliament has famous… Read More ›
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A Tribute to Bernard Mulopo Mulubwa of Milenge (1914 to 2016)
By Elias Munshya Bernard Mulopo Mulubwa was born on May 13, 1914. He died on March 12, 2016. Friday, March 12, 2021, will be the fifth anniversary of his death. Here is how I experienced his life and legacy. My… Read More ›
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DANNY PULE AND OTHERS V. ATTORNEY GENERAL CASE (DOWNLOAD)
Please download the Danny Pule case below: Thank you: Elias Munshya
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THE POLICE RAID ON SHIBUYUNJI
By Elias Munshya With his mouth dripping with poisoned mustard, it should not have taken rocket science to know that what President Lungu was saying, that he was going to reform the police, was just not going to happen. The… Read More ›
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Ukufutikila: Towards A Pentecostal Theology Of Healing During Zambia’s COVID-19 Pandemic
By Elias Munshya In the early years of the Pentecostal movement – particularly the one under the US-styled prosperity preachers’ flavour – healing was widely believed to be the “children’s bread” (Matthew 15:26-28). This expression popularised by USA faith healers… Read More ›
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How A Revivalist And Renewal Zambian Faith Became A Faith Of Chief Bishops And Anointed Water
By Elias Munshya The rise of Pentecostalism in Zambia marked a massive shift in the religious landscape of the country. Long dominated by traditional churches such as the Roman Catholic Church and the United Church of Zambia, Pentecostals renewed emphasis… Read More ›
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MADE IN NYASALAND: THE ENDURING INFLUENCE OF MALAWIAN DIASPORA IN ZAMBIA
By ELIAS MUNSHYA Of Zambia’s 8 ( or 9) neighbors, no country has had more economic, religious, educational, political, and cultural influence over Zambian than Malawi. First Republican President Kaunda was born from parents who came from modern day Malawi…. Read More ›
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Police Shootings and the Failing Presidency of Edgar Chagwa Lungu
By Elias Munshya On December 23, 2020, the nation was awakened to the horror of two murders that had just happened in broad daylight in Lusaka. The armed Zambia Police service members had shot into a crowd on unarmed citizens… Read More ›
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HOW MANY ZAMBIANS ARE NRC CRIMINALS? wELL THE ANSWER MIGHT SURPRISE YOU
If Zambia prosecuted all NRC offences nearly the whole country will be in jail from the President to everyone of you with false information on your NRCs. False information includes the following: 1) false year of birth – bengi sana…. Read More ›
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Nevers Mumba’s Week from Hell and the Negligence of the PF Government
By Elias Munshya Isn’t it the case? That the Patriotic Front government tries to insist that President Lungu should be respected because he is the “father of the nation”? Those who advance this theory shove on our throats this grandiose… Read More ›
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ZAMBIA – THANK YOU!
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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. Just a few weeks ago, the elections body claimed to have put together a body of eminent Zambians to advise… Read More ›
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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 to think that they are somehow invincible. To this theme, we must return. Daily. If not monthly. But frequently we… Read More ›
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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. It had its own positives and its negatives. It could definitely have been done better. But privatisation, we needed to… Read More ›
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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. It makes no sense that at the time that one dollar is trading at K20, we should be wasting our… Read More ›
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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 Sumaili exercising her constitutional right to belong and campaign for her political party of choice. As a citizen of this… Read More ›
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WHEN THE COMMANDER GOES ROGUE: PRESIDENT LUNGU, ACC, AND THE FIGHT AGAINST CORRUPTION
By Elias Munshya President Lungu’s trip to the Copperbelt this last weekend did not just end up spreading COVID-19 to the innocent masses that attended his rallies. Still, it was also the opportunity for the President to say the darndest… Read More ›
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Dr. Chisela Chileshe Should Resign or Be Fired
By Elias Munshya This past weekend His Excellency, the President of the Republic of Zambia Dr. Edgar Chagwa Lungu, flew to Monze to hand over Chinese constructed houses for officers of the Zambia Correctional Service. The Zambia Correctional Service is… Read More ›
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President Lazarus Chakwera And the Opportunities of A Pentecostal Political Theology
By Elias Munshya Malawian Pentecostals must be very proud of themselves. They have managed to get one of them to become President of Malawi. What a great honour and privilege. Rev. Dr. Lazarus Chakwera is not only a member of… Read More ›
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Why Does the PF Want to Take Over CEC?
By Elias Munshya Our concern for the viability of our country is what drives us. It is never to be malicious. But to believe that our country can be and do better. We find no pleasure in assailing this President… Read More ›
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Towards A Post-Africanist Renewal
By Elias Munshya Pan-Africanism has serious deficits, as a philosophy for the African. It has so far failed to help Africans imagine a future that goes beyond useless slogans. Pan-Africanism cannot spur African imagination any longer as it is deeply… Read More ›
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Blood in Isoka: The continuing failure of Edgar Lungu’s leadership
By Elias Munshya Honourable Dora Siliya, the minister of information and broadcasting, issued a statement on May 17, 2020, condemning the behaviour of ruling PF cadres who had invaded several radio stations in Muchinga Province. The conduct of PF thugs… Read More ›
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COVID-19 and the Performances for the Camera In Zambia
By Elias Munshya The two government ministers, based on their performance when announcing the COVID-19 deaths, seem to have acted so well for the camera that some of our people think that they are a couple made from heaven. I… Read More ›
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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 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 ›
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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 report which becomes official after the Committee presents it to the Zambian parliament using parliamentary procedure. Should any one require… Read More ›
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Zambia is a Christian Nation and a Multi-Religious Nation
By Elias Munshya The commotion over Bill 10’s proposal to Christianise the Zambian constitution is in my opinion, wholly unnecessary and a waste of time. Zambia is already a Christian nation. It has been a Christian nation. White Christian missionaries… Read More ›
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Download the LAZ Bill 10 Petition in the Constitutional Court – Here
Click Here for the Petition – The Law Association of Zambia Bill 10 Petition
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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 far as the Declaration of Zambia as a Christian nation is concerned. Nevertheless, this footprint is not quite what it… Read More ›
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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 the Constitution of Zambia – in both the entrenched and the unentrenched provisions. With due respect to my vocal Pentecostal… Read More ›
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The Johannesburg High Court’s KCM Ruling Embarrasses The Zambian Judiciary and All of Us
By Elias Munshya Zambia has excellent legal minds. It has exceptional jurists. However, there is something fundamentally problematic within the Zambian legal system that continues to tolerate mediocrity. When ZCCM-IH obtained the ex-parte Order from the Lusaka High Court to… Read More ›
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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 ›
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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 ›
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“Impumba Mukowa”: Our analysis of GBM’s resignation from the UPND and his tribal ideology
By Elias Munshya, LLM, MBA, M.DIV. She who comes to tribalism must come with pure tribal hands. You cannot be an impumba mukowa and yet choke our nation with useless, baseless, and senseless tribal nonsense. What is even more concerning is… Read More ›
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The Law Association of Zambia’s Statement on President Lungu’s eSwatini Land Gift
This is the media statement issued by the Law Association of Zambia The Law Association of Zambia (LAZ) has followed with keen interest the public debate that has raged following revelations of a piece of land granted to President Edgar… Read More ›
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The Nunes Memo: laughing at the end of the empire?
President Trump has declassified the Nunes’ Memo. Please find it below. Download it read it and let us know what you think. -Elias Munshya 370598711-House-Intelligence-Committee-Report-On-FISA-Abuses
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On Diversity, Inclusion, and Equality in the Legal Profession: My response to Jennifer Quito
By Elias Munshya, LLM, MBA, M.DIV. The Law Society of Upper Canada (LSUC) is now requiring that its licensed lawyers and paralegals create and abide by an individual Statement of Principles that acknowledges their obligation to promote equality, diversity, and… Read More ›
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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… Read More ›
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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 of law, must act when the rule of law gets threatened by the acts of those who are entrusted to… Read More ›
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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…. Read More ›
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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, but they all appeared exhausted. I cannot quite remember seeing the young or the children among them. I can vividly… Read More ›
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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 it, a state of a situation which, if allowed to continue, “may lead to a state of emergency”, he needs… Read More ›
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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 ›
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Resisting The Lungu Dictatorship: Drop Hichilema’s treason charge and fire Zambia Police boss Kanganja
By Elias Munshya, LLM, MBA, M.DIV. Dictatorships rise not by the deliberate acts of its perpetrators, but by the silent ambivalence of its tolerators. No one truly lives and plans to become a dictator. Mobutu never planned to be one,… Read More ›
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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 ›
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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 ›
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Hon. Kelvin Sampa’s Law Societies Bill (2017): The Good, The Bad and the Ugly
By Elias Munshya, LLM, MBA, M.DIV. I commend parliament for considering changes to the Law Association of Zambia Act (LAZ Act). I agree that the LAZ Act needed reform to make it more responsive to present realities. However, the proposed… Read More ›
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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 article. But let me try to be as clear as I can. The current laws in Zambia regarding marriage and… Read More ›
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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. Eight souls perished in a stampede as they gathered to receive food handouts from a church organisation known as Iglesia… Read More ›
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Lungowe and Others v. KCM: an access to justice analysis in Zambia
E. Munshya, LLM, MBA, MDIV. Chingola resident Dominic Liswaniso Lungowe and several other colleagues of his have sued both Konkola Copper Mines Plc (KCM) and Vedanta Resources Plc in the High Court of Justice, Queen’s Bench Division, Technology and Construction… Read More ›
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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 its police personnel from marrying foreigners on the pretext that these foreign spouses could end up being foreign spies. Additionally,… Read More ›
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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 the Zambezi provinces (Northwestern, Barotse and Southern) would vote for him and his ruling Patriotic Front. Not now and not… Read More ›
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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 ›
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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 ›
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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 form lacks the institutional strength needed to serve Zambians. However, the debates about the future of the Association seems to… Read More ›
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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 concerning. In fact, they were dangerous. I cannot belabour any further on the points raised by the Law Association of… Read More ›
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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 ›
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Amending the Zambian constitution should not be done in the dark
By E. Munshya, LLM, MBA, MDIV (of the Alberta Bar) The 2016 amendments of the 1991 constitution of Zambia need revision. I would be the last person to dispute that fact. From language that is ambiguous to plainly ridiculous provisions,… Read More ›
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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 could say, the law is both a science and an art, with the art part being much more pronounced. Since… Read More ›
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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 Constitutional Court (ConCourt)? Or the High Court? Or can Zambians go to both? Why can’t both the High Court and… Read More ›
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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 ›
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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 ›
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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 11 elections could be good for our democracy. They show that our democracy is working, and working very well. If… Read More ›
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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 those who win elections, they win elections by winning elections. Those who want to win an election must win an… Read More ›
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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 10,000 vote spread for each constituency. Two constituencies are yet to report in Southern Province, we have given HH a… Read More ›
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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 ›
