Recent Posts - page 2
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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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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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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, – eliasmunshya.org
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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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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 alike. To avoid some confusion, I will use the term “1991 constitution” to refer to the original Mvunga constitution of… Read More ›
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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 PDF format. Just click below and download. Sibongile Zulu v Attorney General and others (2016) We will be reviewing this… 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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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 is quite absurd that Zambian regulations forbid lawyers from publishing on legal matters without permission from the Law Association of… 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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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 role to play and no one branch should interfere in the other’s function. Parliament makes the law, the executive implements… Read More ›
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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 our waters should be held accountable anywhere around the world. A word of caution to big companies, please treat all… 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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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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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 8.5 million visitors per year. This blog was viewed about 94,000 times in 2015. If it were an exhibit at… 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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On ZIALE: Questions, concerns and the way forward
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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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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 baffled many critics. With several streams expressing its identity the time has come for Pentecostalism to define and redefine its… 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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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 a people that were diverse, disparate, and disordered. In order for colonialism to take root, however, colonialists had to dismantle… 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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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 established that at the time of committing a crime, the accused was under the defect of reason from the disease… 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 ›
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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 United Party for National Development (UPND) is a game changer. It is a game changer for both the PF and… Read More ›
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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 democracy. It should be an offence under the penalty of treason to undermine our democratic foundations fortified by the concrete… Read More ›
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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 of by-elections and another kolopa.com of the United Party for National Development (UPND) by the Patriotic Front (PF). The PF… Read More ›
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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 long perished. The best way for Zambia is a heterogeneous political polity and a diverse confluence of various regional patterns… Read More ›
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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 received as a member of the Pentecostal movement. I am forever grateful to my aunt’s church, which used to meet… Read More ›
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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 do not yet know the shape this initiative will take, it is important for us to support it. The last… Read More ›
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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 we spin it, stating that President Edgar Chagwa Lungu is a “clueless drunkard from Chawama who came with suitcases full… Read More ›
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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 (NRCs) for their children due to the demands by some registration officers for details of the father of those children… Read More ›
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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 May 2015. On that day, the president of our republic, Edgar Chagwa Lungu decided, for some reason to give you… Read More ›
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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 presidency, there appears Hakainde Hichilema making it difficult for President Edgar Lungu to shine. Just a few days after an… Read More ›
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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, Hon. Dawson Kafwaya, was only born in 1984. Between these two years is a spectrum of the ages of the… Read More ›
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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 its establishment in Zambia, the church baptized its one-millionth member in April 2015. While this feat has not been easy,… Read More ›
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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 than the comfort of lies and deception. It is better to build a continent or nations on a foundation of… Read More ›
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Liberty Defiled: President Lungu must stop police from invading church services
E. Munshya, LLB (Hons), M.Div. The wisdom of the ages is strikingly clear. According to Pope Celestine I, “we are deservedly to blame if we encourage error by silence.” The manifestation of tyranny is always subtle. Oppression, no matter how… Read More ›
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Wrong General?: Linda Kasonde’s opposition to appointment of Likando Kalaluka as Attorney General
E. Munshya, LLB (Hons), M.Div. President Lungu in exercise of his power has appointed a Mr. Likando Kalaluka as Attorney General of the Republic of Zambia subject to parliamentary ratification. This last week, a parliamentary committee met to scrutinize the… Read More ›
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Same or Different?: Contrasting the Mutuna Tribunal with the Nchito Tribunal
E. Munshya, LLB (Hons), M.Div. When President Sata established the Chikopa Tribunal to probe the conduct of Judge Mutuna and Judge Kajimanga, I vehemently objected to that action. My reasons for objecting were provided in the article published by the… Read More ›
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Lungu, Nchito, Illnesses the and the challenge of transparency
E. Munshya, LLB (Hons), M.Div. The fact that events are identical does not necessarily mean that they are the same. This sounds rhetorical, doesn’t it? You cannot tell how the public will react to one thing by looking at the… Read More ›
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Zimya Neighbour: When A Director of Public Prosecutions becomes a Director of Public Criminality
E. Munshya, LLB (Hons), M.Div. The case is very familiar to many of us. But for the sake of clarity, we might need to restate its facts. In 2013, Rupiah Bwezani Banda was in court appearing for various charges under… Read More ›
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Indecent Discretion: Why Nchito’s “nolle” defies both law and common sense
E. Munshya, LLB (Hons), M.Div. As a constitutional democracy, our republic must be led and controlled by both the written constitution and the unwritten spirit of constitutionalism. It would be ridiculous for officers of the state to go on a… Read More ›
Featured Categories
Political Theology ›
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Milingo Lungu v. AG – Documents filed in the Constitutional Court April 19, 2022
April 19, 2022
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Download Elias Munshya’s Ph.D. Dissertation: “Church and State Relations in Zambia: an evangelical perspective”
September 28, 2021
Politics ›
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Nevers Mumba’s Week from Hell and the Negligence of the PF Government
December 16, 2020
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The Electoral Confusion of Zambia: What Zambia’s Elections Body Must Do To Inspire Confidence
September 28, 2020