Gov’t has no legal right over ECL funeral, burial – Family

By GRACE CHAILE

THE family of late former President Edgar Lungu has submitted to the South African High Court that the former head of State had expressly and repeatedly stated that he did not want to be buried under the current Zambian administration not did he wish that the current President, Hakainde Hichilema to attend and oversee his funeral.
The family has also submitted that former there is no valid will, agreement, or legal basis granting the Zambian government control over the funeral and burial of the former head of State.
In strongly worded submissions, the family has asserted that the former head of State had repeatedly rejected the idea of being buried in Zambia under the current administration and explicitly prohibited President Hakainde Hichilema from attending or presiding over his funeral and being anywhere near his mortal remains.
“The revocation of his benefits was a deliberate act by the Zambian government aimed at weakening the late President Lungu, ultimately contributing to his deteriorating health and untimely passing,” the family has submitted.
They contended that during the revocation of his retirement benefits, the late president was left financially vulnerable, relying on family and friends for support, stating that fearing politically motivated medical negligence, former President Lungu relocated to South Africa for treatment and remained there until his death.
“The applicant (Zambian government) has no locus standi and is so far removed from the familial and constitutional interests that are at stake in this matter, that it has no legal or factual connection to the burial dispute of a private individual.
The applicant is not a family member, spouse, blood relative or representative of the estate of the late President Lungu. Nor is the applicant a guardian, curator or person acting on behalf of the minor children or any other affected dependent,” the family argued.
The family also contended; “The absence of consensus on material terms, most notably, the requirement that the current President of Zambia attend the burial of his predecessor, means that no valid agreement ever came into existence.
In the absence of such a valid agreement, the applicant lacks locus standi to bring this application, as it has no enforceable right upon which to found its claim.
The matter arose after the Zambian government filed an urgent application on June 25, 2025, the same day Mr Lungu’s burial was scheduled seeking to repatriate his body.
The application led to the abrupt cancellation of funeral proceedings, prompting the Lungu family to seek a cost order against the Zambian state for emotional and financial losses.
The family submitted that the government’s last-minute legal challenge caused unnecessary trauma and expenses, which included payments to funeral homes, transport providers, clergy and security all based on President Lungu’s stated burial preferences.
Citing both South African and Zambian legal principles, the family argued that burial rights primarily vest in the surviving spouse or closest relatives.
They referenced South African case law affirming a widow’s right to decide burial matters, especially in the absence of a binding will or agreement to the contrary.
The family has denied that any enforceable agreement had been reached for a state funeral in Zambia, arguing that if discussions had occurred, it collapsed when the government insisted on presidential participation, something Mr Lungu expressly opposed.
In the alternative, the family claimed any perceived agreement was induced by misrepresentation and had since been rescinded.
“The applicant is neither a family member nor a legal representative of the estate,” they stated. “It lacks the standing to interfere in a private family matter,” the family explained.
The family maintained that Mr Lungu’s burial wishes must be respected, and under both constitutional and common law, the widow retains the right to determine his final resting place.