Lawmaker or Misleader? Setting the Record Straight on Binwell Mpundu’s Claims About “Bad Laws”
By; Tobbius Chilembo Hamunkoyo – LLB, Author, Scientist, Political and Governance Activist
One chilly evening in Ndeke Village’s of Kitwe township, an elderly man named Mr. Mwansa Katapa sat under his veranda with his grandson, Nelson.
The boy had just returned from school, visibly puzzled by a heated classroom debate what he saw on Facebook.
He dropped his backpack and turned to his grandfather with a question that had been bothering him.
“Grandpa,” Nelson began, “our teacher said some people are saying the government is making bad laws.
But I do not understand, can a law really be bad? Nelson asked .
Mr. Mwansa Katapa smiled knowingly, leaned back in his wooden lazymans chair, and replied, “Ah, mwana wandi in bemba, mwanaagu in tonga (my Son) , that’s a question even the wisest of us continue to wrestle with, thank you for asking me.
But let me share with you what I once learned from a man that studied law , and perhaps you will see it differently.
Lessons from Jurisprudence
Tobbius Hamunkoyo is a young man I met on a bus to Lusaka a few months ago. He studied law at the Zambian Open University – ZAOU , the first private university in Zambia to offer a law degree after the University of Zambia.
One of the most enlightening courses he took was Jurisprudence, taught by the distinguished Dr. Simwayi Musonda
That class taught him to go beyond politics and popular opinion, it trained him to examine the foundation and philosophy of law itself.
In Jurisprudence, he learned that there is no such thing as a universally “good” or “bad” law.
Laws are tools, human-made instruments meant to regulate society.
Whether a law is good or bad depends on its purpose, who it affects, how it’s enforced, and what values it serves.
No law exists in a vacuum. You must know that what benefits one group may disadvantage another. That complexity is what makes lawmaking both powerful and dangerous if misunderstood.
Cheap Politics vs. Legislative Truth
It is with this background that I take issue with the misleading public statements made by Hon Binwell Mpundu NKANA MP , Member of Parliament for Nkana Constituency in Kitwe.
In his yesterday’s if not today’s remarks, he accused Minister of Home Affairs Jack Mwiimbu of introducing bad laws.
Such statements are not only irresponsible, they are dangerously deceptive.
Let the public be clearly informed, No minister in Zambia unilaterally passes laws.
All laws must pass through the National Assembly, where Mr. Mpundu himself sits as a voting member.
He is part of the very machinery he now attacks from the outside. If he believes a proposed law is harmful or unjust, he has a constitutional and parliamentary duty to oppose it through debate, amendment, or vote, not through inflammatory social media commentary or street-level populism.
This kind of political behavior may win headlines, but it risks weakening public understanding of the legislative process. Cheap politics cannot build a strong democracy.
A Lesson in Law, The Story of the River
Let me illustrate this complexity with a simple story.
In a rural village by the Luangwa River, the chief noticed fish stocks declining due to overfishing. He passed a law banning all fishing for six months. Some villagers cried foul, it was their livelihood. Others applauded the law, saying it protected future generations.
So, was the law bad or good?
Both perspectives were valid. And that is the essence of the law; it is not black or white. It is a balance between competing rights, vales, and interests.
Jurisprudence and the Philosophy of Law
In jurisprudence, we study different schools of thought on what law is and how to judge it;
Natural Law Theorists (like Aquinas) believe that for a law to be valid, it must conform to morality and justice. An unjust law, they argue, is no law at all.
Legal Positivists (like John Austin and H.L.A. Hart) argue that a law is valid if it is made by the proper authority, regardless of morality. In this view, even unpopular laws may be legally valid, very important.
Legal Realists and Critical Legal Theorists (like Oliver Wendell Holmes Jr. and Karl Marx) insist that law is shaped by politics and economics.
They argue that laws often reflect power structures, and therefore, must be examined through their real-life effects.
What all these traditions agree on is that law must be interrogated, not politicized.
Zambia’s Legal Toolbox, Know Your Laws
To judge whether a law is good or bad, one must first understand it. Here are key laws that govern Zambia:
The Constitution of Zambia (Amendment) Act No. 2 of 2016 – The supreme law outlining rights, duties, and government structure.
The Penal Code Act, Chapter 87 – Defines criminal offences like murder, theft, defilement, and corruption.
The Criminal Procedure Code Act, Chapter 88 – Sets rules for arrest, bail, trial, and appeals in criminal matters.
The Cyber Security and Cyber Crimes Act No. 2 of 2021 – Regulates online conduct, including cyberbullying, electronic fraud, and data misuse. Though debated, it protects digital space in a changing world.
The Public Order Act, Chapter 113 – Controls public gatherings and is subject to criticism for its perceived limitation on freedom of assembly.
The Anti-Corruption Act No. 3 of 2012 – Provides the framework for investigating and prosecuting corruption.
The Lands Act, Chapter 184 – Governs land tenure, ownership, and land use.
The Companies Act No. 10 of 2017 – Regulates business formation, governance, and compliance.
All these laws were debated and passed by Parliament, the same Parliament where Binwell Mpundu sits. To call them “bad” outside the House without having opposed them inside it is both disingenuous and disrespectful to the democratic process that Zambia has enjoyed over the years.
Law Is a Tool and Not a Religion
Law is not a divine decree—it is a human instrument. Like a hoe, it can cultivate or destroy depending on who wields it.
The law must always be assessed based on who it serves, how it is applied, and whether it promotes justice.
History teaches us that apartheid and slavery were once legal. Legality does not equal morality. That is why citizen engagement, legal education, and truthful leadership are essential.
Wisdom from the Elders
Our ancestors said, “Amenshi tuyamona pa chulu”—we only see the depth of water once we climb a hill.
We must reflect with wisdom before passing judgment on any law. Emotional responses may stir people temporarily, but only informed citizens can sustain a democracy.
Who Should We Trust With the Law?
There is no such thing as an inherently “bad” or “good” law. There is only;
Law that serves or fails,
Law that liberates or oppresses,
Law that is enforced justly or abused.
If Binwell Mpundu wishes to be taken seriously as a lawmaker, he must lead with facts, not fear, and debate laws in Parliament, not campaign against them online after they pass. The Zambian people deserve truth, not soundbites.
As someone who studied jurisprudence at the University of Zambia under Dr. Simwayi Musonda, I urge all citizens to engage critically with the law, not emotionally.
Let us understand our legal system, question it when necessary, and use it to serve justice, not politics.
Because as Nelson finally learned that day, “We are not just ruled by the law—we are guardians of the Law .
Mindset Must Change