24/06/2025
Naikosa, nama lawsuit yayamba ukwingilamo.
Attorney General launches public interest litigation opposing burial of former President in South Africa
Zambia’s Attorney General, Mr. Mulilo D. Kabesha SC, has filed a public interest lawsuit in the Gauteng Division of the High Court of South Africa, Pretoria.
The suit is directed against members of the late President’s family and two other individuals, seeking an interim court order to prevent the burial of the late 6th Republican President, Dr. Edgar Chagwa Lungu.
The Attorney General requests that no burial take place until all disputes regarding Dr. Lungu’s final resting place are resolved—specifically, whether he should be interred in Zambia with full military honours, customs, and traditions, as mandated by Zambian law and in keeping with public interest.
In his application, the Attorney General contends that a state funeral for a former Zambian Head of State is a formal public event governed by strict military protocols and intended to honour individuals of national significance.
He further argues that, even if it were true— a point he denies— that the late President wished not to have a state funeral, such personal wishes must yield to the greater public interest.
The Attorney General also cites legal precedent, noting that the Zambian courts previously set aside the burial wishes of the nation’s founding President, Dr. Kenneth Kaunda, in favour of public interest considerations relating to interment at Embassy Park.
Those named in the lawsuit include former First Lady Esther Nyawa Lungu, Bertha Lungu, Tasila Lungu, Chiyesu Lungu, Dalitso Lungu, Charles Phiri, and Makebi Zulu.
The Attorney General has additionally named Two Mountains Pty (the Morgue), where Dr. Lungu’s remains are currently held, as a respondent.
This action has been brought before the Pretoria High Court under Article 177(5)(c) of the Constitution of the Republic of Zambia, in the Attorney General’s capacity as government representative and protector of the Zambian public interest.
Hearing of the Interim Interdict Application against the burial is expected to be heard tomorrow, Wednesday 25th June 2025 at 08:00hrs in the morning.
