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 ›
Elias Munshya
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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.
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›
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… Read More ›
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… Read More ›
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… Read More ›
Chikwanda’s other bombshell conversation with Edgar Lungu
You’ve all read the wiretap story from The Post about Chikwanda having a conversation with The Post’s employee. I also wiretapped Chikwanda. This time he was talking to Acting President Edgar Lungu.
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… Read More ›
Limps of hope: Hon. Chilangwa, stigma and hope for Zambians living with disabilities
E. Munshya, LLB (Hons), M.Div. There is no evidence to suggest that Nevers Mumba had, two weeks ago, approved of the action by MMD party cadres to sing lyrics mocking the disability of Hon. Nickson Chilangwa. In this article, I… Read More ›
Should Zambian MPs get a salary increase?
E. Munshya, LLB (Hons). M.Div. Some Members of Parliament (MPs) are demanding for a pay increase. And our people are quite justified in their outrage. This is even sincerer since there is an assumption among our people that MPs are… Read More ›
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… Read More ›
The Temptation of Nevers Sekwila Mumba (Part III): Keeping the Ambition Alive
By Elias Munshya wa Munshya Dr. Nevers Sekwila Mumba believes that political parties are not the centre of the political process, people are. As such, he sees nothing wrong with changing parties, starting new ones, disbanding others and going back… Read More ›
Beyond “House, Money, Car”: Why Ms. Kay Figo Deserved Compensation
By E. Munshya, LLB (Hons), M.Div. The facts of the 2012 case of one Ms. Kay Figo and her lover Mr. Van are very well defined. Around 2007 a 55 year-old Mr. Van met a 21-year Ms. Kay Figo at… Read More ›
One Zambia One Kandolo: Mwanawasa, Cabbages and the Politics of Insults
E. Munshya, LLB (Hons), MA, MDiv. President Levy Mwanawasa (Zambian President from 2002 to 2008) was a controversial figure. Without doubt he has gone into history as one of the most contentious presidents. Several things about Mwanawasa are contentious. Just… Read More ›
People and Events That Will Shape Zambia’s 2014
By E. Munshya, LLB (Hons), MA, MDiv. The New Year is finally here. We should all be relieved that the year 2013 has come to an end. Each New Year brings to us a fresh perspective on life. And for… Read More ›
The End of Pan-Africanism: Post-Africanism and the Re-imagination of the African Myth
Elias Munshya The era of pan-Africanism is over. Pan-Africanism has flopped. And it has flopped very miserably. It needs to be replaced, as it is no longer appropriate. Whatever is still alive in the beast of pan-Africanism should be exterminated…. Read More ›
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… Read More ›
Zambia At 49: Reimagining the Myths of Our Nation
Munshya wa Munshya Myths are powerful. Not only do they create nations, but they also perpetuate them. No nation can last, for a day, without some story justifying its existence as a nation or as a group of nations. Human… Read More ›
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:… Read More ›
When A General Cherry-Picks History: My Response to Godfrey Kenneth Miyanda
By Munshya wa Munshya If history were tomatoes, we could all easily amble towards Soweto Market find vendors and from a variety of that fruit choose which kind we want. If history were a presidential candidate, we could easily exercise… Read More ›
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… Read More ›
Has the King Cobra Become An Ostrich?
By E. Munshya wa Munshya We are seeing the portrait of a very active and engaging leader from State House, a cobra in his own right. President Sata is appearing in more public events. He is seen commissioning or not… Read More ›
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,… Read More ›
What We Can Take-Away from Justice M.S Mulenga’s Ruling in the Dora Siliya Case
By E. Munshya wa Munshya On Tuesday, 3 September 2013 Justice Mungeni Siwale Mulenga ruled in the case in which Dora Siliya and others had sued the Attorney General and the Electoral Commission of Zambia for banning her and her… Read More ›
Seleni Tusheteko: Zambia Railways & Why Parastatals Have Failed Zambia
I have not given up on Zambian Railways and neither have I given up on the Zambian people. I have not given up on the resolute will of our people to better our country and restore our future.I believe in… Read More ›
Bombasa Dribblers: Why Rupiah Banda is Winning Against Sata Where Frederick Chiluba Lost to Mwanawasa
By E. Munshya wa Munshya Frederick Jacob Titus Chiluba was never part of the political elite that developed in Zambia after independence in 1964. He was an outsider. In fact, this is the only reason that made him more attractive… Read More ›
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… Read More ›
Sound At Law: Why Speaker Matibini Was Right to Ignore the Bombasa Injunction
By E. Munshya wa Munshya On Friday, 15 March 2013, the Zambian parliament debated a motion that sought to remove the presidential immunity enjoyed by former president of Zambia, Dr. Rupiah Banda. The motion passed by 80 votes, with most… Read More ›
“Dear Mr. Kick Ass” – Musamba Mumba Responds to Her Critic
Musamba Mumba, going by the name Proud Aushi or Proud Ushi Musamba Mumba is an active blogger whose political insight and prowess is exactly what Zambia needs. In moments of great political intimidation and paternalism Musamba speaks her mind out… Read More ›
Toxic Roots: Why Zambians of Congolese Origin Hide their Heritage
By E. Munshya wa Munshya To treat a topic of this nature, a definition of terms is in order. Being of Congolese origin or heritage is a complex notion. However, in this article I use it to describe Zambian citizens… Read More ›
“God’s African Commander”: A Review of Apostle Margaret Mwila Buter’s Book on Prophetess Lenshina and Her Lumpa Church
By E. Munshya wa Munshya, LLB (Hons), M.Div. The book, “Prophetess Alice Lenshina: God’s African Commander, Her Generational Blessings and Legacy” is a 224-page book. Its author, Apostle Margaret Wealth Mwila Buter claims to have been inspired to write it… Read More ›
“Besa Nabakolwa”: Dora Siliya and the Politics of Sex and Gender Imbalance
By E. Munshya, LLB (Hons), M.Div. In the song “Umuti wa Bufyashi”, the late Zambian maestro Emmanuel Mulemena and his Mulemena Boys penned a song that was ahead of its time. In the song, a young couple could not have… Read More ›