08/08/2025
BREAKING NEWS - EDGAR LUNGU SHOULD BE BURIED IN ZAMBIA SAYS SA COURT
The remains of former Zambian President Edgar Lungu are set to be repatriated to Zambia for a state funeral after a South African high court ruled that the government's interest in according a dignified burial to a former head of state, overrides the family's private wishes or indeed President Lungu's wishes.
The ruling, delivered today, brings an end to a protracted legal and political standoff that began with Lungu’s death two months ago in a hospital in Pretoria.
Lungu, 68, the country's sixth president who served from 2015 to 2021, passed away on June 5, 2025, while seeking medical treatment in South Africa.
Following his death, the Zambian government, led by President Hakainde Hichilema, declared a 14-day period of national mourning and began preparations to repatriate the body for a state funeral.
However, a dispute quickly emerged between the government, Lungu's family, and his political party, the Patriotic Front (PF). The family, whose key spokesperson has been identified as his family lawyer, Makebi Zulu. He argued that their late patriarch's wishes were for his successor not to grace his funeral nor be anywhere near his remains and his next of kin desired a private burial in South Africa.
This was reportedly due to a deep-seated political rivalry with his successor, President Hichilema.
The family's position was that Lungu, having been stripped of his benefits as a former head of state, should not be repatriated for a state-sponsored burial, a position that was also publicly supported by the Patriotic Front.
This led to a legal impasse, as the family proceeded with plans for a private burial in South Africa.
On the day of the planned funeral, the Zambian government, through its Attorney General Mulilo Kabesha, filed an urgent application with the South African High Court to halt the burial, arguing that a former head of state must be buried in Zambia with full national honors in accordance with existing protocols and public interest. The move was in furtherance of a duty owed by the Zambian government to its former Presidents.
The court's judgment agreed with the Zambian government's position and argument, emphasizing that national protocol and public interest take precedence over individual family preferences in matters of national significance.
This decision paves the way for Lungu's remains to be returned to Zambia for a state funeral, a plan the government had been preparing for.
The resolution of this matter underscores the critical importance of good governance and the preservation of national values in the context on conflict of laws and international obligations.
The legal and political wrangling over the former president's burial has exposed a potential gap in Zambia's legal framework regarding the funeral arrangements of a former head of state, highlighting the need for clarity and objective laws to guide such processes and prevent future disputes.
The national values of patriotism and unity are paramount in times of mourning, and a unified, dignified send-off for a national leader is essential for fostering a sense of shared heritage and continuity.
