Attorney General Mulilo Kabesha has told South Africa’s High Court, Gauteng Division, Pretoria, that the Zambian government has the clear authority to choose the type of funeral and burial location for the late former President Edgar Lungu.
In a Supplementary Founding Affidavit, Mr. Kabesha explained that this right should be carried out by following Zambian law.
He mentioned that the government can give the late President a state funeral, similar to those given to previous leaders, following the customs, protocols, and laws of the Republic of Zambia.
He also pointed out that Lusaka’s Embassy Park is the only official Presidential Burial site and a recognized heritage site, as stated in the National Heritage Conservation Commission Act.
Mr. Kabesha said this site highlights the public interest and national significance related to the burial of former Presidents.
He observed that Zambians have a tradition of honoring past Heads of State through public viewings and state funerals, which are funded by the government.
Mr. Kabesha argued that the Lungu family is wrong in claiming they have the right to choose the burial site and manage the state funeral.
He referred to the People vs. Secretary to Cabinet case involving Kaweche Kaunda, where the Lusaka High Court decided that a state funeral is a public event that must follow strict protocols.
This ruling was made during the dispute over the burial site of First President Kenneth Kaunda in 2021.
At the same time, Mr. Kabesha stated that the late President Edgar Lungu was never disqualified from receiving benefits under the Benefits of Former Presidents Act of 1993.
He argued that his benefits were only put on hold because he was involved in active politics.
After his death, Mr. Kabesha claimed, those restrictions were lifted, and the government had the right to provide him with a state funeral at public expense, in line with the law.
