Tag Archives: Munshya wa Munshya

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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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 a cup of tobwa, the east’s favourite drink. There are no Malawians that are invading Zambia to vote, or whose

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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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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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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 elections. According to him, only a school certificate as defined by the Examinations Council of Zambia (the “Council”), will be

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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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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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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 well compensated already. It is controversial to justify a salary hike for MPs at this time when there is apparently

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Judge Chali’s ruling in Brebner Changala v. Attorney General 2014

By Elias Munshya, M.Div., LLM (Candidate) Human Rights activist Brebner Changala sought leave of the High Court of Zambia to commence judicial review proceedings into the Zambian cabinet’s failure to enquire into President Sata’s apparent ill-health. High Court Judge Isaac Chali issued his ruling today, July 11 2014. He has denied Changala leave to proceed. Here is a of the judgment: Changala

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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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When a smuggler acts as President: Wynter Kabimba and his men from Kenya

E. Munshya, LLB (Hons), M.Div. Personal sabotage should know its constraints. But just when you think that stuff cannot get any worse, that is when it usually does. It is one thing to make a small mistake, or perhaps, to misspeak once in a while. We are all human after all. But when you are part of a cabinet handling

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Proof and Punishment: Evidence Law in “General” Kanene’s Conviction

E. Munshya, LLB (Hons), M.Div. Several judges of the High Court of Zambia have been quite consistent and clear with regard to the evidence the prosecution needs to provide when proving the age of a minor in defilement cases. In following the 1973 legal precedent of the case of Phiri (Macheka) v. The People most judges have gone to hold

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Good Guy, Bad Skin: Is President Sata discriminating against a “muzungu” Vice-President?

By E. Munshya, LLB (Hons), M.Div. Agony is having someone serve as your vice-president and yet never give him the opportunity to act as president when you are not around. It is quite absurd that President Sata would have a vice-president distrusted to serve. When the PF government came into power in 2011, we welcomed the idea of an African

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The Temptation of Nevers Sekwila Mumba (Part II): A Turbulent Vice-President

By E. Munshya wa Munshya In 2008, as President Levy Patrick Mwanawasa was reflecting on his legacy, one issue he had to confront was whether he had any regrets in choosing Nevers Mumba for his Vice-President from 2003 to 2004. According to Malupenga (2010), President Mwanawasa hoped that in future Zambians will come to the same conclusion he had come

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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 to the parties that disowned him. Political parties for Nevers are tools that a person can use to aspire for

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The Temptation of Nevers Sekwila Mumba (Part I): Politics of Personal Sacrifice

By E. Munshya wa Munshya It is Frank Talk time on prime time television in the early 1990s. One evening, the whole nation is listening in as journalist Frank Mutubila introduces his guest on ZNBC TV. Pastor Nevers Mumba sits confidently in his chair. Next to him is his wife. They are appearing on a program that follows and features

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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 a Kabwata nightclub. Due to love at first sight, Mr. Van that night invited Ms Kay to his Makeni home.

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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. Africans must give up this dream and replace it with a vision that is more compatible with African realities. The

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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 genius knows no better partner than the myth of national storytelling. Through myths, we tell stories of our nation. Through

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One Bemba, One Nation: Politics of Tribe From Kenneth David Kaunda to Michael Chilufya Sata

E. Munshya, LLB (Hons), M.Div. Fighting for his political survival, Hon. Wynter Kabimba, made a very significant comment that his party has a clique of Bemba political hegemonists. Even Guy Scott has supported Wynter in these assertions. A daily newspaper has also, in its editorial, made the same allegations: there seems to be a Bemba clique within the PF that

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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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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 commissioning roads, and he is being seen in public berating his juniors for what he perceives to be mediocre work.

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“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 out of a prophetic word she received while listening to a message from her Pastor in London, England. Out of

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