Zambia’s Attorney General, Mulilo Kabesha, has filed a public interest lawsuit in the Gauteng Division of the High Court in Pretoria, South Africa, seeking to block the burial of the late Sixth Republican President, Edgar Lungu.
The lawsuit, filed against members of Mr. Lungu’s family and two other individuals, requests an interim court order to prevent the burial from proceeding until all legal and constitutional questions surrounding his final resting place are resolved.
At the heart of the dispute is whether Mr. Lungu should be laid to rest in Zambia, with full military honours, as prescribed under Zambian law.
In his application, the Attorney General argues that the burial of a former Head of State is not merely a private affair but a matter of national interest governed by formal state protocols.
He emphasizes that a state funeral, complete with military honours and national customs, is a constitutional and public obligation meant to recognize the national service of a former president.
Mr. Kabesha further contends that even if the late President had expressed a wish not to be accorded a state funeral, such a preference cannot override the public interest or legal requirements of the State.
He cites legal precedent from the case of Zambia’s founding President, Dr. Kenneth Kaunda, whose initial burial wishes were overridden by a court decision in favour of a state-sanctioned interment at Embassy Park, the official resting place for former presidents.
The respondents in the lawsuit include former First Lady Esther Nyawa Lungu, Bertha Lungu, Tasila Lungu, Chiyesu Lungu, Dalitso Lungu, Charles Phiri, and lawyer Makebi Zulu.
Also cited is Two Mountains Pty, the South African mortuary where Dr. Lungu’s remains are currently held.
The suit has been brought under Article 177(5)(c) of the Constitution of the Republic of Zambia, which mandates the Attorney General to act in the public interest and represent the government in legal proceedings.
The matter is scheduled for hearing today, Wednesday, June 25, 2025, at 08:00 hours in the Pretoria High Court.
RCV News.
