Power and Politics

Zambian govt accepts S’Africa’s Supreme Court ruling, says Lungu burial now private family matter

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The Zambian Government has accepted the judgment of the Supreme Court of Appeal of South Africa on the burial of late Sixth Republican President, Edgar Lungu and says it will not pursue further legal action.

Attorney General Mulilo Kabesha, said government has noted today’s judgment on the burial of the former Head of State.

In response to the judgement on Tuesday, Kabesha said the matter would now be handled as a private family affair, bringing to an end months of legal contestation over where late President Lungu would be laid to rest.

He stated that government’s position over the last 12 months was guided by established national customs on presidential burials.

“Although we disagree with today’s judgment, we will not be taking this matter any further. We will not be exercising our right to appeal to the Constitutional Court of South Africa,” Kabesha said.

The Attorney General outlined Zambia’s precedent, recalling that former President Levy Mwanawasa was buried at Embassy Park in 2008 despite his will indicating a preference for Palabana.

He added that subsequent former Presidents, Frederick Chiluba, Michael Sata, Kenneth Kaunda and Rupiah Banda were all interred at Embassy Park with full military honours.

“Our nation has always understood the profound importance of a final resting place among one’s own people. As a compassionate and sovereign nation, Zambia has consistently facilitated the repatriation of those who passed away on our soil,” Kabesha stated.

He said government believed it would honour the Sixth President as it had honoured others, but noted the family had decided on burial in South Africa.

Kabesha referenced Zambia’s recent cooperation with South Africa to repatriate liberation heroes who died in exile in Lusaka, saying that same spirit informed government’s wish to bring Mr. Lungu home.

“In line with the judgment today, this is now a private matter for the Lungu family to proceed with their desired burial in the Republic of South Africa,” he said.

Read More: ‘Zambian govt has no legal right to override wishes of Lungu’s family on burial rites’ —S’ African Supreme Court rules

The Attorney General maintained government’s message of condolences to the Lungu family since the former President’s death.

He recalled that President Hakainde Hichilema declared and extended a period of national mourning following late president Lungu’s passing.

Kabesha noted that late President Lungu served Zambia from 2015 to 2021 and his place in the country’s history was firmly secure.

“We thank him for his service to the nation, and encourage all Zambians to remember his contribution with respect,” he said.

The decision follows the Supreme Court of Appeal of South Africa judgment in the matter of Esther Lungu and Others v Government of the Republic of Zambia and Others in which the court ruled against the Zambian government’s plan to repatriate his body.

Government had sought to have Mr. Lungu buried at Embassy Park in Lusaka in line with the precedent set for former Presidents like Levy Mwanawasa, Dr. Fredrick Chiluba, Michal Sata, Kenneth Kaunda and Rupiah Banda.

The court upheld the family’s appeal, affirming their rights to decide on the burial.

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