Zambia Seeks Court Injunction to Halt Ex-President Lungu's Burial in South Africa

The Zambian government has launched a last-minute legal bid in South Africa to prevent the burial of former President Edgar Lungu outside of Zambia. State media reports that the Attorney General has filed an urgent application seeking an interdict to halt the planned private ceremony, escalating a bitter dispute between the government and Lungu's family.

The family's decision to hold the burial in South Africa, reportedly scheduled for Wednesday, stems from disagreements over the funeral arrangements and a long-standing animosity between Lungu and his successor, President Hakainde Hichilema. The family claims Lungu explicitly stated that he did not want Hichilema to attend his funeral.

Family Accuses Government of Overreach

Local media outlets are reporting that Lungu’s family insists the funeral will proceed as planned, stating they have not been officially served with any court documents. The family accuses the government of attempting to hijack the funeral proceedings and disregard Lungu's wishes.

The controversy began after Lungu's death in South Africa at the age of 68. While the government initially agreed to a state funeral, disagreements arose over the details, including the repatriation of the body and the level of government control. This prompted the family to arrange a private burial in South Africa.

'He Belongs to the Nation': Hichilema's Stance

President Hichilema has publicly stated that Lungu, as a former head of state, "belongs to the nation of Zambia" and should be buried within its borders. This sentiment is echoed in the court papers filed by Attorney General Mulilo D Kabesha, who argues that a state funeral is a formal public event with military honours, intended to honour a figure of national significance.

Kabesha's legal action names Lungu's widow, Esther Lungu, his children, family lawyer Makebi Zulu, and the funeral home holding the body as respondents. He contends that personal wishes should not supersede the broader public interest, drawing parallels with the funeral of Zambia's founding President, Kenneth Kaunda.

Echoes of Kaunda's Funeral Dispute

In 2021, a similar dispute arose over the burial of Kenneth Kaunda. His family expressed his desire to be buried next to his wife, rather than at the site designated by the government. Ultimately, the government proceeded with a state burial at Embassy Memorial Park in Lusaka, highlighting the precedent for prioritizing national interest in such matters.

Historical Context: A Fraught Relationship

The current impasse underscores the deep-seated tension between Lungu and Hichilema, a rivalry that has shaped Zambian politics for years. During Lungu's presidency, Hichilema was imprisoned for over 100 days on treason charges, after Hichilema's motorcade allegedly failed to yield to Lungu's. This event solidified the animosity between the two leaders and their respective supporters, a division that persists even after Lungu's death.

Expert Analysis: Political Implications

Dr. Neo Simutanyi, a Zambian political analyst at the Institute for Policy Research, suggests the government's actions are driven by a desire to control the narrative surrounding Lungu's legacy. "The government wants to ensure that Lungu's death does not become a rallying point for the opposition," he explains. "By insisting on a state funeral, they aim to manage the public perception of Lungu and prevent any potential destabilization."

Legal Perspective: Balancing Family Wishes and National Interest

"The case hinges on the interpretation of what constitutes 'national interest' and whether the government can legally override the wishes of the deceased and their family," says Elias Chipimo Jr, a prominent Zambian lawyer. "While there is precedent for the government's involvement in state funerals, the courts will have to carefully consider the family's right to privacy and their freedom to choose how to honour their loved one."

Uncertain Future for Lungu's Burial

The South African court is now tasked with resolving this complex legal and political dilemma. The outcome will not only determine the final resting place of Zambia's former president but also set a precedent for future disputes involving the funerals of prominent national figures. The situation remains fluid, with both the government and Lungu's family seemingly determined to assert their respective positions.