Lusaka, 17th September 2026 – Former President Edgar Lungu’s prolonged burial dispute has highlighted the need for clear legislation on the burial of Zambia’s former heads of state, and Lusaka lawyer Dickson Jere says Parliament has now provided that framework.
Jere says he raised the issue when he appeared before a Parliamentary Committee on 23rd April 2026 to make submissions on the Benefits of Former Presidents and Vice Presidents Bill.
According to Jere, his concern was that the proposed legislation did not clearly provide for the funeral, expenses and burial arrangements of former Presidents.
He told the committee that Parliament needed to address the matter in the legislation, particularly at a time when a legal dispute was already pending concerning the burial of former President Edgar Lungu.
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Jere says the committee accepted the proposal and the Bill subsequently passed into law after being assented to by President Hakainde Hichilema.
Under the new provision, a former President or former Vice-President who dies while in office or after leaving office is to be buried at a burial site designated by the Government within Zambia.
The law further provides that the funeral of a former President or former Vice-President shall be conducted in accordance with State Protocols as may be prescribed.
Jere says this means Government will now need to develop detailed written guidelines covering the conduct of such funerals, including state and military rituals.
He also noted that the legislation provides for funeral benefits for former Presidents and former Vice-Presidents.
Jere believes the new law brings an end to uncertainty that has surrounded the burial of former Zambian Presidents over the years.
The issue first became particularly prominent following the death of then-sitting President Levy Mwanawasa in 2008. Jere says that, in the absence of a specific legal framework at the time, then Acting President Rupiah Banda conceptualised the Presidential Burial Site at Embassy Park.
Mwanawasa had reportedly indicated in his Will that he wanted to be buried at his private farm in Palabana. However, the State proceeded with the Embassy Park burial arrangement with the consent of the family.
The issue resurfaced following the death of Zambia’s first President, Kenneth Kaunda, in 2021. A disagreement emerged over his burial location, with the family favouring his home in New Kasama while the State supported burial at Embassy Park.
The matter eventually went before the courts, with the State prevailing in the legal dispute.
The death of former President Edgar Lungu subsequently brought the question of presidential burial arrangements back into sharp focus.
His family and the Zambian Government disagreed over where he should be buried, resulting in a prolonged legal battle in South Africa.
Jere says Parliament has now settled the issue for future former Presidents and Vice-Presidents through legislation.
However, he emphasised that the new law is not retrospective and therefore does not apply to the circumstances surrounding Lungu’s burial.
Jere also raised the question of designated burial facilities for former Vice-Presidents, noting that previous Vice-Presidents have been buried at Memorial Park.
He suggested that Government could consider securing a dedicated section of the VVIP area at Memorial Park for former Vice-Presidents.
For Jere, the major significance of the new legislation is that future governments and families will have a clear statutory framework to follow when a former President or Vice-President dies.
He said the country will now need to focus on developing the detailed protocols required to implement the law, particularly regarding burial sites, funeral arrangements, state ceremonies and military honours.
The new legislation therefore establishes a formal framework for the treatment of former heads of state after death, potentially reducing the uncertainty and disputes that have accompanied some presidential burials in Zambia’s recent history.
Jere said he was pleased that the matter had ultimately been resolved through legislation rather than left entirely to administrative decisions or court intervention.
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