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 ›
Politics
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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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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The Cabbage Who Became A Piece Of Steak: Remembering Levy Patrick Mwanawasa
By Elias Munshya President Levy Patrick Mwanawasa (Zambian President from 2002 to 2008) was a controversial figure. Without a doubt, he has gone into history as one of the most controversial presidents. Several things about Mwanawasa are contentious. Just how… Read More ›
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PRESIDENT EDGAR LUNGU MUST STOP UKUSEYA to control the spread of covid-19 to zambia’s villages
by Elias Munshya When I say that His Excellency, the President of our Republic, is spreading the COVID-19 virus, I do not mean that he has the virus. What I mean is that his current travel schedules expose the people… 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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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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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 a great deal of arrogance and an inexcusable insult to the people of Zambia. My friend, the Attorney General, took… Read More ›
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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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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 expect that within that time frame, you can come up with anything sensible. That the NDF was a complete sham… Read More ›
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Drop Bill 10: Why Zambians are taking the “Constitution of Zambia Amendment Bill” personally
By Elias Munshya Obliterating the Personal? One of the first things that get destroyed when a dictatorship is trying to entrench itself is personal responsibility and personal accountability. When a government wants to kill and maim its people, it first… 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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Why I am Supporting Zambia’s Yellow Card Protest of July 20, 2019
By Elias Munshya There comes a time in the life of a nation that citizens of all walks of life, of goodwill and bad will, tall and short, Tonga and Tumbuka, need to band together to resolve the ills afflicting… Read More ›
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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 soon, it will be presented to the parliament of Zambia for debate, consideration, and possible enactment. To say that Bill… Read More ›
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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
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Why I Remain Optimistic About Zambia’s Future
By Elias Munshya, LLM, MBA, MDIV. Amid a barrage of attack on our democratic institutions, it is crucial that we as a people do not succumb to the feeling of hopelessness and pessimism. I have an abiding faith in the… Read More ›
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A Senate of Betrayal: Of Doctorates and Good Governance
By Elias Munshya, LLM, MBA, MDIV. The Senate of the University of Zambia has, in its wisdom, or most appropriately, foolishness decided to confer upon President Edgar Lungu an honorary doctorate. Typically, universities around the world have a specific choice… 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 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… Read More ›
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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… Read More ›
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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…. 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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Harry Kalaba Resigns from President Lungu’s Government
We reproduce below a statement from Hon Harry Kalaba. We got the statement from his Facebook page: https://www.facebook.com/honharrykalaba/posts/1960172744231785 I HAVE RESIGNED – Harry Kalaba There comes a time in a person’s life when it becomes necessary to die to self for… 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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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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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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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 ›
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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 violent nation. The so called oasis of peace, we think we are, has been challenged a great deal by recent… Read More ›
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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 ›
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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 acting Chief Justice signed Statutory Instrument No. 37 of 2016 promulgating the rules of the Constitutional Court (C Court). It… Read More ›
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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 in our system of law, government and politics. LAZ’s mandate is primarily derived from two statutes: The Law Association of… Read More ›
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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 Milenge. Let us call it, The Past Newspaper (no pun intended). Mr. Mumba intends to work in a field he… Read More ›
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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 history, for without such an analysis we will become rumour mongers and liars who want to create a storm in… Read More ›
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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 his decision in the Sibongile Zulu v. Electoral Commission of Zambia and Attorney General case. I provide an analysis of… Read More ›
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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 the republic of Zambia by the standards of urban Zambia. It is ridiculous that a portion of 750,000 kilometres squared… Read More ›
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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 ›
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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 matter how much care we take, there will always be some level of absurdity and ambiguousness in the language of… Read More ›
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Justice Mushabati and the Electoral Commission of Zambia are Wrong on the Grade 12 Requirement
E. Munshya, LL.B., LL.M., M.Div. Justice Christopher Mushabati, a commissioner at the Electoral Commission of Zambia (the “Commission”) has issued what seems to be an official directive from the Commission about the Grade 12 requirement for running in the 2016… Read More ›
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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 South Africa has applied to the ruling Patriotic Front to be considered for adoption as a parliamentary candidate in Matero…. Read More ›
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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 “says what it says and does not say what it does not say”. Barring some concepts that are deeply tied… Read More ›
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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 and cannot spell. It is a national disaster if you have graduates who cannot reason or engage in critical thinking…. Read More ›
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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 ›
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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 how much of a blessing, and a controversy it has become. I would be surprised if a constitution did not… Read More ›
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“Munyaule Nafuti”: Petersen Zagaze and the politics of controversial music
E. Munshya, LLM, MBA, M.Div. History will be very kind to Petersen Zagaze. I am not a very good music critic, and so this article will not try to critic Zagaze’s music, but his lyrics. No artist has managed to get… Read More ›
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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 is both absurd and confusing. According to Article 70 (1) (d), a person is eligible to be elected as a… Read More ›
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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 is an amendment of the 1991 Constitution. This is why it is called the Constitution of Zambia (Amendment) Act of… Read More ›
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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 Sky Zibani Banda: “Banda will be remembered for his generosity.” He was right. Out of the many tributes pouring in… Read More ›
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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 not curtail liberties of our people. Protect President Lungu just as much as you would protect others. If you do… Read More ›
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“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 this context, it is not physical hunger I am talking about, but legal hunger. In a population of 15 million… Read More ›
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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 ›
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After We Have Said “Amen”: Towards a Pentecostal theology of politics in Zambia
Elias Munshya, LL.M, MBA, M.Div. Pentecostal church leaders in Zambia are almost unanimous. They will heed President Edgar Lungu’s call to prayer, fasting and reconciliation on Sunday, October 18, 2015. Bishop Johnny Kaweme of the Fire Baptised Church released a… Read More ›
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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 system in Chingola causing death and untold suffering among the local residents. While these remain allegations at the moment, ethical… Read More ›
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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 and acts of the institutions of the European Union (EU). The African Union (AU) has not adopted a court similar… Read More ›
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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 need to use Alternative Dispute Resolution (ADR). According to Slapper & Kelly (2009: 391) ADR is a means of resolving… Read More ›
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“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 of government agencies. Government agencies are daily making important decisions that affect Zambian citizens. However, in the discharge of their… Read More ›
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ZAMTEL Kaloba: Politics of running parastatal companies in Zambia
Elias Munshya, LLM, M.Div., MBA To redeem our national pride and domestic prowess, we must face the truth. To quote our Lord Jesus Christ, we shall “know the truth and the truth shall set us free”. What we need in… Read More ›
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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 ›
