Tag Archives: Democracy

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 the law while the judiciary interprets the law. But this doctrine is quite subtle. Our system of government does allow

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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 stakeholders well and be socially responsible. Polluting our rivers and poisoning the sacred springs of Chingola will result in dire

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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 Member of Parliament, if that person “has obtained, as a minimum academic qualification, a grade twelve certificate or its equivalent”.

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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 of the mind, as not to know the nature and quality of the act he was doing, or if he

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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 beams of multipartyism. Zambians fought Kenneth Kaunda’s one-party participatory democracy because we knew the benefit that lay in having parties

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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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My Tribe Is NOT Zambia: Erasure, tribalism and the challenge of national cohesion

E. Munshya, LLB, M.Div. To help fight the scourge of tribalism in Zambia, some of our people are buying into several slogans in the hope that these slogans will help build some national cohesion. There is one particular slogan that I find patently problematic. This slogan states, “My tribe is Zambia”. The goal of using this slogan is to try

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149 constituencies tabulated: My projection puts Lungu at 786,722 and Hichilema at 757,052

PF UPND Chisamba Central 2,596 6,597 Chitambo Central 2,534 384 Kapiri Mposhi Central 7,869 8,160 Katuba Central 2,399 6,537 Keembe Central 2,586 9,043 Mkushi North Central 4,153 2,577 Mkushi South Central 2,182 1,734 Muchinga Central 1,384 456 Mumbwa Central 1,392 7,597 Mwembeshi Central 814 7,975 Serenje Central 3,940 839 Bwacha Central 8,182 2,682 Nangoma Central 542 7,783 Kabwe Central Central

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Vote for Peace, Vote in Peace!

 E. Munshya, LLB (Hons), M.Div. The time is finally here. In a few days, Zambia goes to the polls. What a milestone. Mature nations and great democracies use the ballot as the only legitimate way to change or not-change a government. For this we must commend ourselves and thank God Almighty for having given us the grace and the opportunity to

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Of Cohorts, Cherries & General Miyanda: I Stand By What I Had Written

 By Munshya wa Munshya Brigadier General Godfrey Kenneth Miyanda has objected very strongly to this paragraph in my article of 20 September 2013 in the Daily Nation Newspaper. This same article is also published on http://www.eliasmunshya.org. This is what I wrote: When Chiluba and his cohorts – Michael Sata and Miyanda to be exact – found great solace in the barbaric

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Zambia and The Living Tree of Democracy

 By Munshya wa Munshya  Nothing shows the character of a president, or any person for that matter, than the battles she chooses to fight. The saying that action speaks louder than words becomes even more real for a nation, in the type of undertakings that a president decides to employ. There can be no doubt that both action and inaction

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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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