Former Zambian President Edgar Lungu’s burial, scheduled for South Africa on Wednesday, may be hampered by legal proceedings instituted by Zambia’s Attorney General, Mulilo Kabesha, in the Gauteng Division of the High Court of South Africa, Pretoria.
The suit, which is directed against former first lady Esther Lungu, four of Lungu’s children, along with family lawyer Makebi Zulu and the company running the morgue where his remains have been kept, is seeking an interim court order to prevent the burial of Lungu, who died in South Africa about three weeks ago.
The Attorney General is requesting 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.
Kabesha 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.
The lawsuit names former First Lady Esther Nyawa Lungu, Bertha Lungu, Tasila Lungu, Chiyesu Lungu, Dalitso Lungu, Charles Phiri, and Makebi Zulu.
The Attorney General also 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.
The interim Interdict Application against the burial will be heard today, Wednesday, June 25th, 2025.
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