Tag Archives: Chiluba

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 election by winning an election and not winning a court case. In 2006, Michael Chilufya Sata of the Patriotic Front

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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 to constitutionalism, the Zambian constitution should be interpreted from the intention of its written text. It is not surprising that

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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 the UPND. It is rather fascinating, if not shocking, to see how GBM is managing to champion two causes that

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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 time a government tried to reform this area of law, it was severely defeated. Dr. Rupiah Banda of the Movement

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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 of ‘Kachasu’” is, quite probably, defamatory. The problem is not really whether Chama has defamed, but rather what we should

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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 the Anti-Corruption Act. We need not mention that Banda is a former president of the republic who nevertheless had his

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No Creativity, No Imagination: My reflections on President Lungu’s cabinet

E. Munshya, LLB (Hons), M.Div. For someone who took almost three weeks to announce the cabinet, it is rather surprising that this cabinet has very few surprises. Unprecedented in the history of our nation, Edgar Lungu becomes the first president to take 19 days to announce a full cabinet. What is equally unusual with Lungu is the fact that by

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Why It is Illegal for Guy Scott to fire or transfer government officers

E. Munshya, LLB (Hons), M.Div. News that the government of Acting President Guy Scott has either fired or transferred some senior government workers makes sad reading. We should all be concerned when a transitory government purports to perform functions that are outside its mandate. According to Article 38 (3) of the constitution of Zambia, a Vice-President who is performing functions

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An Open Letter to Dr. Christine Mwelwa Kaseba

  Kuli ba Mama Kaseba: Intanshi mutende! Before I proceed any further, let me state out-rightly what this letter is not about. As a person who strongly believes in women’s rights, I must commend your decision to stand as presidential candidate within days of burying your spouse. Indeed, every woman must aspire to provide leadership to this great country. Your

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The Cobra Who Charmed a Nation: The Life and Times of Michael Chilufya Sata

E. Munshya, LLB (Hons), M.Div. Michael Chilufya did not have one life. He had many lives. His relatively long life, by Zambian standards, where life expectancy is around 45, mean that there is a huge span from which one could chose his story. Like many of his contemporaries, very little is known of his childhood. Born in 1937, there is

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After the Cobra: What does the law say about Vice-President Guy Scott?

E. Munshya, LLB (Hons), M.Div. The President of the Republic of Zambia, Michael Chilufya Sata has died. He died in a London hospital on 28 October 2014. Sata died the same week that the nation was celebrating 50 years of independence from Great Britain. The question grappling the nation right now is whether the nation’s Vice-President Guy Lindsay Scott satisfies

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Lewanika and Others v Chiluba (1998): The most significant court ruling in Zambia’s 50-year jurisprudence

E. Munshya, LLB (Hons), M.Div.  Zambia has seen no court case full of stuff only fit for reality TV than the case of Lewanika & Others v Chiluba (1998). Mention it. And you would most probably find it there. A president who seemed to have had no idea about the identity of his father. A picture that disappeared at night

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Mulenga Sata does satisfy the constitution to be presidential candidate in Zambia

E. Munshya, LLB (Hons), M.Div. In the interest of state unity and national sanity, Vice-President Guy Lindsay Scott should either be fired or severely reprimanded so that he stops making statements that can stoke national panic. There is the sense in which Scott is trying to do anything possible to fortify Wynter Kabimba as the heir apparent to the Patriotic

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Politics of Forgetfulness: President Sata’s Disremembrance of Frederick Chiluba

 Munshya wa Munshya During the Memorial Day weekend, President Michael Chilufya Sata while laying wreaths on the World War I Memorial Cenotaph castigated both his Vice-President and Minister of Works over Chiluba’s tombstone. For some reason, Sata found it unacceptable that a place where the remains of Chiluba are buried could be in such a deplorable condition. In many ways,

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Fallen To Rise Again? Emmanuel Mwamba & His Future In Zambian Democracy

Munshya wa Munshya From the instant that little known Emmanuel Mwamba was appointed President Frederick Chiluba’s personal assistant he became an instant sensation. The man would be seen defending and in many cases travailing for his boss. Chiluba had so much confidence in Mwamba that on several occasions, Chiluba deferred to Mwamba in many press appearances. Nothing should prepare a

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Kuya Bebele: Why Lombe Chibesakunda should Vacate the Office of Chief Justice

 By Munshya wa Munshya That acting Chief Justice of Zambia, Lombe Chibesakunda should resign has been clearly enunciated by very distinguished bodies and reputed personalities in Zambia.  In fact, no other issue has captured considerable coverage in the Zambian media, in the past weeks, than this Chibesakunda saga. Civil society, as well as the Law Association of Zambia, has made

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Divided We Stand: Why Squabbles in PF Are Good for Zambian Democracy

E. Munshya wa Munshya The beauty of Zambian democracy is that no president in Zambia holds a monopoly over political players be it in the ruling party or in opposition. In fact, Zambian democracy manifests itself greatly in the personal ambition of various political players. Without personal ambition, democracy would lose its value and we could quickly slip back into

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Bombasa Fyapena: Why We Must Not Blame the Law When Our Politics Go Berserk

By Munshya wa Munshya Over the issue of the lifting of Rupiah’s immunity, we are conflating too many issues and I am afraid it is becoming confusing for me. I have not said that what parliament did was FAIR. I have not even supported the action of parliament. I have not said what they said was good for the country.

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Returning Abdul: An Analysis of Justice Mchenga’s Ruling in Simwaya v Attorney General (2013)

By E Munshya wa Munshya On 12th December 2012 Zambia’s Home Affairs Minister issued a deportation order to one Abdul Simwaya. Referring to him as a “foreign national”, Hon. Edgar Lungu declared that Simwaya had become “a danger to national security”.[1] Mr. Lungu further stated, “Government will not hesitate to deport foreigners that breach Zambian laws”. In a December 15

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