E. Munshya, LLB, LLM, MBA, M.DIV. When a president declares a state of emergency, or as we are now calling…
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…
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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…
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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…
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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…
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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…
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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…
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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.…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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Tax Appeals Tribunal Act 2015
Here is the Tax Tribunal Act (2015). TAX APPEALS TRIBUNAL ACT 2015 It comes courtesy of http://www.zambialii.org. Thank you, –…
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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…
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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…
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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…
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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…
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Download Justice Sichinga’s Grade 12 Ruling at eliasmunshya.org
Dear readers: Here is Justice Sichinga’s ruling in Sibongile Zulu v. Attorney General and Electoral Commission of Zambia (2016) in…
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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…
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Law Without Fear: Why LAZ should permit lawyers to comment publicly on legal subjects
By E. Munshya, LLB, LLM, MBA For a nation that should be benefiting from the legal expertise of its lawyers, it…
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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…
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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…
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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…
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Download – Geoffrey Bwalya Mwamba v Attorney General
We have Justice Lengalelenga’s ruling in the GBM case. Please click and download. Geoffrey Bwalya Mwamba v Attorney General &…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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,…
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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…
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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…
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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…
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2015 in review
The WordPress.com stats helper monkeys prepared a 2015 annual report for this blog. Here’s an excerpt: The Louvre Museum has…
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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…
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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.
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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…
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On Faith and Politics: Towards a Pentecostal political praxis in Zambia
By Elias Munshya, LLM, MBA, M.Div. The pentecostal movement is here to stay. Dismissed as a passing fad, its resiliency has…
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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…
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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…
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Post-Africanist Theory: Deconstructing colonial narratives of African unity
By Elias Munshya, LL.M., MBA, M.Div. When European colonialists landed on the shores of Africa, they found a continent and…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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Mwamba, Kasama and the changing political landscape in Zambia
By Elias Munshya, LLM, M.Div., MBA The resignation of Geoffrey Bwalya Mwamba (GBM) from the Patriotic Front (PF) to the…
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Damaging Zambia: Why parliamentary floor-crossing dents our democracy
By Elias Munshya, LLM, M.Div., M.A., LLB, B.A. Multi-party participatory democracy is deeply weaved in the very fabric of Zambian…
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Beyond Kolopa.com: Hichilema, by-elections and the future of the UPND
By Elias Munshya This article appeared in the Zambia Daily Nation Newspapers. It is reproduced below. It is another batch…
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Cuundu Chaitwa: Leveraging the power of regional politics in Zambia
E. Munshya, LLM, M.Div. Regions are vital ingredients of our democracy. Without regional power and peculiarities, Zambian democracy would have…
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Turning Water Into Paraffin: Towards a pentecostal theology of miracles
E. Munshya, LLM, M.Div. From my upbringing as a child, to the present, I remain indebted to the nurturing I…
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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…
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A Nation of Ba Chakolwa: My position on Pilato’s “A Lungu Anabwera”
E. Munshya, LLM, M.Div. Chama Fumba’s “A Lungu Anabwera” is most likely defamatory, disparaging, insulting and slanderous. No matter how…
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Mothers’ Rights: Women, the Law and culture when obtaining National Registration Cards (NRCs) in Zambia
E. Munshya, LLM, M.Div. There have been reports that single mothers are having a hard time obtaining National Registration Cards…
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Ntambalukuta, Please Pray For Us: An open letter to Kenneth David Kaunda
E. Munshya, LLM, M.Div. Kuli ba Kaunda, Intanshi mutende! Thank you for the speech you gave on Africa Freedom Day, 25…
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One Zambia One Kapokola: Hichilema, Edgar Lungu and the defence of democratic freedoms
E. Munshya, LLM, M.Div. Hakainde Hichilema can be quite upsetting sometimes. Just when President Lungu is trying to settle in his…
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From Kasonde to Kafwaya: Debunking the myth that “old people” rule Zambia
E. Munshya, LLB (Hons), M.Div. The honorable Dr. Joseph Kasonde was born in 1938, his youngest counterpart in the legislature,…
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Converting 1 Million Baptisms Into Votes: An analysis of the political theology of the SDA Church in Zambia
E. Munshya, LLB (Hons), M.Div. We all must congratulate the Seventh-Day Adventist Church of Zambia for its one-millionth baptism. Since…
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A Post-Africanist view on South African Xenophobia
E. Munshya, LLB (Hons), M.Div. Truth is the greatest antidote to error. The pain of truth is far more desirable…
