Tag Archives: Separation of Powers

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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Justice on Contract: Judges, the President & the Future of our Democracy

 By E. Munshya wa Munshya Ours has been a robust judiciary. Ours has been a robust commitment to the rule of law. Had it not been for the gallantry of our judges, we could not have achieved the democratic strands we are enjoying today. Beginning with the time of the one-party state, judges sporadically stood up to Kaunda. For example,

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With Forked Tongues: Why Chibesakunda’s Majority Ruling in Attorney General v. Mutuna & Others is Flawed

By E. Munshya wa Munshya It should not calm any nerves to realize that an analysis of the majority ruling in Attorney General v Mutuna, Kajimanga and Musonda should begin by looking at a single sentence taken from its last paragraph. Acting Chief Justice Lombe Chibesakunda,  stated in the last paragraphs of her over 120-paged opinion that: “Before we end,

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