The Zambian Government has officially confirmed that it will not pursue any further legal action following the ruling by the South African Supreme Court of Appeal concerning the burial of former President Dr Edgar Chagwa Lungu.
In a press statement issued by Attorney General Mulilo D. Kabesha, the Government said it respects the court’s decision despite disagreeing with the outcome. It has therefore resolved not to exercise its right to appeal to South Africa’s Constitutional Court.
The announcement effectively ends the legal dispute that has surrounded the burial arrangements of Zambia’s Sixth Republican President.
According to the Government, the matter now rests entirely with the Lungu family, who are free to proceed with their preferred burial arrangements in South Africa.
The statement explains that Government’s intention throughout the process was to honour Dr Lungu in accordance with Zambia’s long-established tradition of according former Heads of State full military honours and burial at Embassy Park.
Officials maintained that their position was guided by precedent rather than politics, noting that previous presidents including Levy Mwanawasa, Frederick Chiluba, Michael Sata, Kenneth Kaunda, and Rupiah Banda were all laid to rest at Embassy Park regardless of the political circumstances surrounding their deaths.
Government also recalled that in previous cases, burial decisions were made in the national interest even when family wishes differed. It cited the case of President Levy Mwanawasa, whose Will reportedly expressed a desire to be buried at his farm in Palabana, but whose remains were instead interred at Embassy Park to allow the nation to honour him.
Similarly, the statement referenced the burial of Zambia’s founding President, Dr Kenneth Kaunda, where the courts upheld Government’s position that he should be buried at Embassy Park despite objections from members of his family.
The Attorney General said these examples demonstrate the consistent national practice of honouring former presidents at the country’s designated presidential burial site.
Government further stated that Zambia has always recognised the importance of returning citizens who die abroad to their homeland whenever possible. It pointed to its cooperation with South Africa in repatriating liberation heroes who died in exile as an example of this long-standing principle.
It said this same conviction informed its efforts to have former President Lungu buried in Zambia so that millions of citizens could pay their final respects.
However, following the latest judgment by the South African Supreme Court of Appeal, Government acknowledged that the Lungu family has chosen to proceed with burial arrangements in South Africa, and that decision will now be respected.
The statement also reaffirmed Government’s condolences to the Lungu family, noting that President Hakainde Hichilema had declared and later extended a period of national mourning following Dr Lungu’s death.
Government thanked the late former president for his service to Zambia between 2015 and 2021 and encouraged citizens to remember his contribution with dignity and respect.
By deciding not to lodge another appeal, the Government has formally closed its legal pursuit over the burial matter, leaving the final arrangements entirely in the hands of the Lungu family.
