Zambia’s Attorney General Refutes Claims on Lungu’s Burial Wishes Amid Legal Standoff in South Africa

By Ollus Ndomu

Zambia’s Attorney General Mulilo Kabesha has told a South African court that there is no documented evidence indicating that late former President Edgar Lungu wished to be buried in South Africa. His remarks come amid an ongoing legal dispute over the final resting place of the former leader, who died last month in Johannesburg.

In an affidavit submitted to the Pretoria High Court on Friday, Kabesha said that while Mr. Lungu expressed concern during his lifetime that he might not be accorded a dignified burial, he did not request to be laid to rest outside Zambia. The Attorney General emphasized that the Zambian government intends to organize a full state funeral in accordance with national protocol and cultural tradition.

“There is no evidence to support the assertion that Mr. Lungu wished to be buried in South Africa,” Kabesha stated in court documents. He further noted that the government is committed to providing a state funeral befitting a former head of state and that both former First Lady Esther Lungu and other family members support such arrangements.

The legal battle in South Africa has drawn widespread attention, with some of Lungu’s family members arguing for his burial to be held in Johannesburg, citing fears of political persecution if the body is returned to Lusaka. Kabesha refuted those claims, stating that there is “no substantive evidence” that Mr. Lungu or his family were being persecuted by the current government.

Kabesha also challenged statements suggesting President Hakainde Hichilema should not attend the funeral, arguing that the head of state is constitutionally obligated to host foreign dignitaries and preside over national events of such significance.

“The office of the President cannot be excluded from state functions,” Kabesha said, adding that such sentiments are inconsistent with Mr. Lungu’s own desire for a dignified send-off.

He also clarified that Mr. Lungu’s state benefits under Zambia’s Benefits of Former Presidents Act were never revoked. However, payments ceased in 2023 after the former president re-entered active politics—an act that, under Zambian law, automatically suspends such entitlements.

The court submissions were filed as part of a Reply Affidavit by Lungu’s legal team, Makebi Zulu & Associates. The Pretoria High Court is expected to deliver its ruling on August 4, a decision that could shape not only the funeral proceedings but also diplomatic dynamics between Zambia and South Africa.

The standoff has ignited broader regional debates about exile, political memory, and the treatment of former leaders. For many Zambians, the issue goes beyond burial preferences; it touches on sovereignty, dignity, and the legacy of one of the country’s most polarizing figures.

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Ollus Ndhomu

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