Tag Archives: Edgar Lungu

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 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

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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 who assumes the presidency due to a by-election, will not be deemed to have held office if they have served

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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”. Both the minority and the majority in the case may have been right. Judicial decision making is sometimes not about

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

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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 events. Zambians known for hospitality made headlines in April, 2016 when they looted shops owned by foreigners. Suddenly, right before

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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 Zambia Act and the Legal Practitioners Act. Under the LAZ Act, LAZ’s objectives can be broadly divided into the following:

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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 the decision using a question to answer format. Why was the case decided in the High Court instead of the

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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. Mr. Mwamba’s political background is very well known. He was the principal architect of candidate Edgar Lungu’s media strategy in

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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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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) alliance is bizarre on so many levels. First, Elias Chipimo appears to be quite a level headed gentleman. But he

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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 evoke opposite emotions and everything in between. Beginning from the Grade 12 qualifications to the omission of deputy minister positions,

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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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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 2016. Elias Munshya, LLM, MBA, M.Div. Download here. Just click below and you will have it. Constitution of Zambia (Amendment)

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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 not behave well and choose to behave like monsters, note that the world is watching, and politicians will not protect

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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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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 and preferences. Instead of castigating regionalism, we must now, more than ever, embrace it and leverage it for national development.

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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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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 an honour and recognition of “Founding Father of Zambia”. I am still not too clear about what that means exactly.

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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 increase in the price of paraffin, petrol and diesel, HH took it upon himself to “rub it in” by going

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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, it has demonstrated the resiliency and faithfulness of one of Zambia’s most widespread churches. The celebrations themselves were politically marred

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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 heinous, usually does have trifling beginnings. Those who end up being oppressors frequently never plan to. They become tyrants by

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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 way they reacted when similar events happened. Similarly, you cannot predict the way the courts will rule simply because of

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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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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 rampage abusing their discretion simply because the text of the constitution so says. It is dangerous to read or apply

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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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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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Zambian Presidential Elections Results Current Update

Note: These are full constituency results from the few constituencies collated so far. We are using the following sources: The Post Newspaper, Flava FM and Radio Mano. We are only using those provisional results at constituency level and we will be updating as we go. It is too early but a pattern is showing already. Note that we do not

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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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Battle for Edgar Lungu’s Lungs: When politics and medical ethics collide

E. Munshya, LLB (Hons), M.Div. One of Zambia’s newspapers published what it claimed were medical records of Hon Edgar Lungu, the ruling party’s presidential candidate. According to that newspaper, Lungu suffers from several ailments among which are an infection to his kidney and lungs. Quoting a report purportedly signed by a Dr. Gupta, the newspaper stated that Lungu needed to

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Guy Scott must resign: Here is why

E. Munshya, LLB (Hons), M.Div.  There is no legal framework upon which cabinet could fire Guy Lindsay Scott as Acting President of the Republic of Zambia. Guy Scott can only be fired if a question about his mental capacity or physical capability has arisen. However, as a people, we are perfectly in order to request that Scott recuses himself from

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Hakainde Hichilema, Edgar Lungu and the Politics of Contrasts and Comparisons

E. Munshya, LLB (Hons), M.Div. The campaign time has come in earnest. It seems all the parties now have a general idea of who is going to be their presidential candidate. It is game on. Without being sub judice, it is clear that after the discharge of the injunction against Rupiah Banda, the ECZ and several other interested parties almost

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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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Exclusive: Edgar Lungu’s response to Guy Scott

RE; PURPORTED SUSPENSION IS ILLEGAL AND HIGHLY PROVOCATIVE UNDER THE PARTY CONSTITUTION AND UNDER THE CURRENT CIRCUMSTANCES OF NATIONAL MOURNING I have learnt with deep regret the illegal and provocative action taken by Dr. Guy Scott purporting to dismiss me as Secretary General of the Party. This action is illegal and has no foundation or support of the PF party

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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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