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 the constitutionally elected body. However, what we see coming from the ECZ has the potential of churning our country into
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 should. We will continue writing. And talking. And teaching. We will continue to demand. And demonstrate. We will continue to
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 country, she has the right to belong and promote a party of her personal choice. In fact, as a member
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 things. If the President and his handlers want us to accord some respect to his high office, he must behave
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 he was called from political retirement to become Chiluba’s preferred MMD presidential candidate ruffled many feathers within the MMD in
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 of Zambia in remote areas to COVID-19. The President does not travel alone. Even if the President himself has done
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 one of the security wings over which President Lungu, as commander in chief, presides. President Lungu’s incursions into Choma and
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 the Pentecostal fraternity; but one of the classical Pentecostals’ well-known figure across Southern Africa and indeed the world. He has
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 is unwelcome. This behaviour is a detriment to the development of both common sense and the rule of law. The
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 no time in implementing this devious plan. At first, we were told that the effort was just clean up some
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 promises to be. There is a need for Pentecostals to push back against this idea that the faith should be
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 is seen by the fruits and surrogates it has borne. You shall know them by their fruits cannot be more
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 begins by depersonalising them and the issues that concern them. It is not surprising, therefore, that the Justice Minister is
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 sisters and brothers – Zambia is a multi-religious nation. And the history and suspicion that we Pentecostals have had to
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 their common existence. On Saturday, July 20, 2019, the people of Lusaka, and Zambia will have an infrequent opportunity to
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 10 has significant problems is an understatement. Bill 10 is a disaster and its effect on the constitutional architecture of
We have a copy of the Constitution-Amendment-BILL, courtesy of https://acazambia.org. Here it is: Constitution-Amendment-BILL
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 people of Zambia that they will be able to overcome all challenges to stir their country back on to a
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 for an honorary degree. Universities usually grant the general “doctor of laws”. Surprisingly, even those without a faculty of law
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 that Mr Geoffrey Bwalya Mwamba (GBM) has not repented from his vicious tribalism and tribal bait over the years. The
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 sentencing, will not help matters at all. The Court will not garner more respect than it previously had before the
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 democracy, the executive state is shedding-off much of its responsibility and assigning it to statutory bodies. Changes in the administrative
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. Remarkably, about half of all these lawyers have qualified in the last 5 years. A bar which was just 700
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
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 the good of others and if not for that reason, at least to stand for one’s cherished ideals and values.
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 protect it. I wrote to reiterate our country’s support for the men and women who serve as members of the
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. He on the other hand, it is being reported, asserts that he is a descendant of Lumpa exiles who had
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 remember the women, the old women. Their wrinkled faces with pleasantly wrapped ifitambala on their heads. I can’t quite recall
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 not be second guessed. Our laws and our constitution empower the head of our republic, in good judgment, to assess
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 deeply disturbing. Rev. Sumaili sounds like a very good person. However, tyranny when perpetrated by good people is very difficult
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, discipline themselves and promulgate their own rules of conduct. The principle of self-regulation is very important and must always be
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 the Southern Africa Development Community (SADC) region. The SADC region obviously includes several countries who do not follow the English
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 Ni Cristo (INC). This church organisation was first registered in the Philippines in about 1914 and from humble beginnings and
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, the command is asking police men and women who are married to foreigners to inform the Inspector General of Police
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 in 2021. Without the Zambezi provinces, President Lungu and the Patriotic Front remain hugely dependent on at least two big
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 of this power generally belongs to a branch of the law known as administrative law. The power that administrative bodies
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 who assumes the presidency due to a by-election, will not be deemed to have held office if they have served
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 be so polarised that it is sometimes confusing to tell what exactly is going on. The genuine calls for the
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 Zambia (LAZ). President Lungu has defended his spokesman. He is saying that we all misunderstood Mr. Chanda. I hope that
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. In fact, stories win cases. A trial is a story. Gathering of evidence involves story telling. Unless you learn to
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, Constitution 2016 need to be reformed. Wanting to change the constitution is one thing, however, and the process used is
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 time immemorial, the desire for the truth, the whole truth and nothing but the truth has consumed the common law
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 the Constitutional Court have concurrent jurisdiction? The rulings coming from the ConCourt seems to suggest that they do not want
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”. Both the minority and the majority in the case may have been right. Judicial decision making is sometimes not about
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 comment on legal subjects in Zambia. I have taken Isaac M. Mwanza’s (of YALI) position that the laws and regulations
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 the people of Zambezi feel that they are not being heard, there is no better way to demonstrate their displeasure
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 election by winning an election and not winning a court case. In 2006, Michael Chilufya Sata of the Patriotic Front
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 20,000 vote spread for each constituency. Some constituencies in Lusaka have not reported so we have given EL a very
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 ruling below. All you have to do is to download it. Steven Katuka & LAZ vs AG & Others On
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 events. Zambians known for hospitality made headlines in April, 2016 when they looted shops owned by foreigners. Suddenly, right before
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 Church and the state. Zambia is not a church; it is a liberal republic. We cannot run Zambia is if
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 takes more than a Colosseum of judges to create a court system. Operationalisation of the Court simply means one thing:
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 Zambia Act and the Legal Practitioners Act. Under the LAZ Act, LAZ’s objectives can be broadly divided into the following:
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 is passionate about and to make some money out of it. This would be a win-win. The government of 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 a cup of tobwa, the east’s favourite drink. There are no Malawians that are invading Zambia to vote, or whose
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 the decision using a question to answer format. Why was the case decided in the High Court instead of the
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 should be used as the standard for the whole. The problem with the G12 requirements is really not about what
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 month and requested that their respective bus drivers undergo refresher driving lessons. RTSA acted after road accidents involving buses as
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 legislation. Even simple words cannot escape from the burden of misunderstanding. Nothing challenges our obsession with gleaning the meaning of
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 elections. According to him, only a school certificate as defined by the Examinations Council of Zambia (the “Council”), will be
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. Mr. Mwamba’s political background is very well known. He was the principal architect of candidate Edgar Lungu’s media strategy in
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 to constitutionalism, the Zambian constitution should be interpreted from the intention of its written text. It is not surprising that
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. In Zambia, we face a huge crisis in tertiary education. This column has for the past two weeks addressed the
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) alliance is bizarre on so many levels. First, Elias Chipimo appears to be quite a level headed gentleman. But he
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 evoke opposite emotions and everything in between. Beginning from the Grade 12 qualifications to the omission of deputy minister positions,
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 the ire of the ruling bourgeoisie like he has done. The 2005 single Munyaule was a controversial song. The lyrics
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 Member of Parliament, if that person “has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent”.
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 2016. Elias Munshya, LLM, MBA, M.Div. Download here. Just click below and you will have it. Constitution of Zambia (Amendment)
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 about the late Bishop Banda, one theme is very dominant: he was kind and generous servant of the Zambian church.
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 not behave well and choose to behave like monsters, note that the world is watching, and politicians will not protect
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 people, a paltry 1,500 are members of the Zambian bar. This is a crisis. It cannot continue any more. We
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 the present, Zambia has wrestled with the question of what should be the correct relationship between faith and politics in
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 statement on 11 October 2015 stating that, “it is our considered view that the National Day of Prayer, Reconciliation and
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 questions are being asked about what should be appropriate relationship between companies, profits and their ethical obligations to the various
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 to the role provided by the ECJ to the EU. Nevertheless, if and when the AU establishes such a court,
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 disputes without resorting to court action. It is available in civil cases but not criminal cases. ADR includes Arbitration, Mediation,
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 functions administrative bodies must act with “fairness”. Together with the right to an unbiased judge, the right “to a fair
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 Zambia is a huge dose of truth. Truth is important for several reasons. First, truth helps us to make a
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 angry at the turn of events. They are equally shocked. I share with them feelings of deep doubt and uncertainty
By Elias Munshya, LLM, M.Div., MBA The resignation of Geoffrey Bwalya Mwamba (GBM) from the Patriotic Front (PF) to the United Party for National Development (UPND) is a game changer. It is a game changer for both the PF and the UPND. It is rather fascinating, if not shocking, to see how GBM is managing to champion two causes that
