25/06/2025
Why Attorney General Kabesha Is Right to Halt Lungu’s Burial in South Africa
————————————————————————
1. Upholding National Law and Tradition
Attorney General Kabesha’s intervention is firmly grounded in Zambian law and tradition. The burial of a former president is not a private family affair but a matter of national significance. Zambian statutes and customs mandate that former heads of state receive full military honours and are interred in Zambia, reflecting their service and status. Allowing a private burial abroad would set a dangerous precedent, undermining national protocols and diminishing the symbolic value of the presidency.
2. Safeguarding the Public Interest
The office of the Attorney General exists to protect the public interest. In this case, the Zambian people have a legitimate stake in the final rites of their former leader. The burial of a president is a unifying national event, offering citizens an opportunity to pay respects and reflect on the country’s history. Bypassing this process for private reasons would deny the nation its right to collective mourning and closure.
3. Legal Precedent Supports the State’s Position.
Attorney General Kabesha’s application references a clear legal precedent: the burial of Zambia’s founding President, Dr. Kenneth Kaunda. In that case, the courts set aside Kaunda’s personal burial wishes, ruling instead in favour of public interest and state protocol. This establishes that, in Zambia, the public interest in honouring a former head of state supersedes individual or family preferences regarding burial arrangements.
4. Constitutional Mandate
The Attorney General is acting under Article 177(5)(c) of the Zambian Constitution, which empowers him to represent the government and safeguard the public interest. This constitutional duty obliges him to act when national customs, laws, or interests are at risk. By seeking an interim interdict, Kabesha is ensuring that due process is followed and that all disputes regarding Lungu’s final resting place are resolved according to law.
5. Preserving National Dignity and Unity
A state funeral is more than a ceremonial event, it is a demonstration of national dignity and unity. It sends a message to current and future leaders, as well as to the international community, about how Zambia honours its highest office. Permitting a private burial in a foreign country could be seen as a failure to uphold the dignity of the presidency and the unity of the nation.
In conclusion
———————
Attorney General Kabesha’s move to halt the burial of former President Lungu in South Africa is justified, lawful, and necessary. It is not only about following protocol but about affirming Zambia’s sovereignty, honouring its traditions, and protecting the public interest. Ultimately, the final resting place of a former head of state is a matter for the nation, not just the family, and must be handled with the utmost respect for law, tradition, and public sentiment.
Alas, I doubt AG Kabesha can win this case, SA courts may likely rule in favour of the family. let’s watch and see.
Kingsley ~ Brussels 24.06.2025
Consultant
