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In court submissions, Zambian govt denies harassing late President Lungu, explains his loss of privileges

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The Zambian government has denied allegations of persecuting or mistreating late President Edgar Lungu, describing the claims by his family as “scandalous and vexatious,” and lacking any legal or factual basis.

The state is currently before the South African High Court in Pretoria, seeking to repatriate Lungu’s remains for burial in Zambia, contrary to his family’s wish to hold a private funeral in South Africa.

Attorney-General Mulilo Kabesha, representing the Zambian government, argued in court submissions that the late president never expressed a desire to be buried abroad.

He maintained that Lungu’s previously stated wish for a dignified send-off befitting his status as a former head of state implied interment at Embassy Park in Lusaka — the official burial site for Zambian presidents.

Read more: Zambia govt petitions South African court, takes legal action to halt late Lungu’s burial outside his home country

Kabesha dismissed accusations that the government mistreated Lungu during his final days, stating that in September 2023, the state blocked his travel to South Africa due to insufficient medical documentation supporting the purpose of the trip.

The government believed the planned visit — which included attending the World Peace Summit and a church service — was politically motivated.

“The late President Lungu was not entitled to engage in political activities under the law governing former Heads of State,” Kabesha said.

He said: “The decision to stop his travel was lawful and consistent with the Benefits Act.”

Kabesha further confirmed that Lungu entered South Africa in January 2025 using a diplomatic passport, despite the state not having authorised the travel.

In response to the family’s allegations that Lungu feared persecution and was denied medical care and benefits, the government denied all claims, asserting that any suspension of benefits was lawful and followed his return to active politics.

“The allegations of persecution and human rights abuse are not only unfounded but also prejudicial,” Kabesha said. They ought to be struck out, as they are unsupported by any evidence,” he said.

On the issue of burial, the state argued that an agreement had been reached with the Lungu family to hold a state funeral in Zambia — including military honours, a church service, and the attendance of the incumbent president — which the family is now reneging on.

“The family’s attempt to bypass the agreed arrangements and conduct a private burial in South Africa is contrary to the late president’s wishes and unlawful,” Kabesha said.

The government reiterated its commitment to honouring Lungu’s legacy with a dignified state funeral in Lusaka and urged the court to order the return of his remains.

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