What was meant to be a solemn and respectful farewell for former Zambian President Edgar Lungu has turned into a complex legal standoff that now involves not just his family and the Zambian government, but a South African court as well.
Instead of being laid to rest on June 25 as planned, Lungu’s burial has been halted by the Pretoria High Court, leaving his remains in Johannesburg while legal proceedings unfold.
Family and Government Clash Over Final Resting Place
The heart of the issue lies in a disagreement between Lungu’s family and the Zambian state.
While the family intended to give the late leader a private burial, the government stepped in, filing an urgent interdict to stop the process.
Zambia’s Attorney General, Mulilo D. Kabesha, argued that the late president should be buried at Embassy Park, Zambia’s official presidential cemetery, in line with national customs and a 2008 law — the Presidential Burial Site Act (Cap 264).
But there’s a catch. That law allows for burial at Embassy Park; it doesn’t require it. This is where the disagreement begins.
Legal Deadlines Set as Court Weighs the Arguments
The Pretoria High Court has now set a firm schedule to resolve the matter.
The Zambian government must file its official response by July 4, while Lungu’s family must respond by July 11.
A final court hearing is scheduled for August 4, which means Lungu’s burial will be postponed for several more weeks.
In the meantime, his family has been given permission to view his remains at a Johannesburg mortuary, but no burial can take place until the court rules.
Family Says President Wanted Privacy, Not Politics
Lungu’s family has been vocal through their lawyer, Makebi Zulu, claiming that the late president explicitly asked current Zambian President Hakainde Hichilema not to attend his funeral.
The Patriotic Front party—to which Lungu belonged—says the government’s push to bury him at Embassy Park ignores his final wishes and undermines the family’s right to carry out the burial as they see fit.
Burial Law Lacks Clarity and Sparks Constitutional Debate
While the government leans on the 2008 Presidential Burial Site Act to make its case, critics point out that the law does not mandate a burial at Embassy Park — it only makes it an option.
Further complicating matters, the Former Presidents Act of 1993, which governs things like pensions, housing, and funeral costs, makes no mention of burial locations.
That gap in the law has now triggered a wider constitutional question: Does the state have the power to overrule a deceased president’s personal and family burial wishes?
Public Mourning Continues Amid Legal Limbo
Despite the legal gridlock, mourners in Johannesburg gathered on June 25 at the Cathedral of Christ the King for a prayer service to honor Lungu’s life.
Emotions are running high, and the legal delays have only added to the confusion and grief surrounding his passing.
Broader Implications for Cross-Border Leadership Legacies
This isn’t just a family versus government issue anymore — it’s also shining a light on the growing legal complexities of handling the deaths of political leaders abroad.
When a high-profile figure passes away outside their home country, especially in cases where the family’s wishes clash with state protocols, tensions can quickly rise.
Now, many are asking: Could unresolved disputes like this affect diplomatic ties between Zambia and South Africa?