Attorney General Kabesha Moves to Block Lungu Burial in South Africa

By Iyojo Ameh

The planned burial of former Zambian President Edgar Chagwa Lungu in South Africa may face disruption following a legal challenge filed by Zambia’s Attorney General, Mulilo Kabesha, in the Gauteng Division of the High Court in Pretoria.

In an urgent application set to be heard on Wednesday, June 25, 2025, at 08:00hrs, Kabesha is seeking an interim court order to halt the burial of the late president, who died in South Africa nearly three weeks ago. The application targets former First Lady Esther Nyawa Lungu, four of Lungu’s children, family lawyer Makebi Zulu, and Two Mountains Pty—the company managing the morgue where Lungu’s remains are being kept.

Kabesha, acting in his constitutional capacity as government representative and guardian of public interest under Article 177(5)(c) of the Zambian Constitution, argues that President Lungu must be laid to rest in Zambia with full state honours, in accordance with national laws, customs, and military protocols.

The Attorney General contends that a state funeral is not a private affair but a formal national event reserved for individuals of public significance, particularly former Heads of State. He insists that personal wishes—even if attributed to the late President—cannot override the collective national interest.

Kabesha draws attention to the legal precedent set in the burial of Zambia’s founding President, Dr. Kenneth Kaunda, whose personal burial preferences were set aside by the courts in favour of state protocol and public interest.

“This case raises fundamental constitutional and public interest questions about how a nation honours its past leaders,” Kabesha’s affidavit states.

Those named in the lawsuit include Esther Lungu, Bertha Lungu, Tasila Lungu, Chiyesu Lungu, Dalitso Lungu, Charles Phiri, and Makebi Zulu.

If the court grants the interim interdict, the burial scheduled to take place in South Africa could be indefinitely postponed pending the resolution of legal disputes regarding Lungu’s final resting place.