In a legal opinion brief dated July 4, 2025, Hon. Chanda who is also the Member of Parliament for Kanchibiya and a candidate for the Master of Laws (LL.M) emphasized that while the State has an interest in honouring a former Head of State, such interest must not override family rights, cultural norms, or human dignity.

“In the absence of a burial directive in the will, the Lungu family remains the primary moral, cultural, and legal stakeholder in deciding where and how he is buried,” Chanda wrote, calling for respect, dialogue, and cultural sensitivity in handling the matter.

The Zambian Government has petitioned the Pretoria High Court in South Africa, seeking the repatriation of President Lungu’s body. The State argues that he did not specify a burial preference and that as a beneficiary under the Former Presidents’ Benefits Act, he should receive a State funeral. However, Chanda argues that the Act does not contain provisions that authorize the State to dictate burial arrangements.

“The Former Presidents’ Benefits Act, Cap. 15, is silent on burial procedures,” he stated. “While it restores entitlements after death, it does not extinguish family rights, particularly in the sacred matter of burial.”

Chanda cited several legal precedents to support his argument, including the 2021 case of the late President Kenneth Kaunda. Though the High Court upheld the government’s insistence on a State funeral at Embassy Park, it also emphasized that such decisions must be “lawful, proportionate, and consultative,” acknowledging the family’s importance in the process.

He also referenced the 1987 Kenyan case Wambui Otieno v. Ochieng & Clan, in which the court upheld the primacy of customary law in burial decisions, and cited recent rulings by the European Court of Human Rights, which held that interference with family burial decisions must be justified by a pressing public interest and respect the family’s rights.

Highlighting the risks of state overreach, Chanda warned that sidelining the family in such a culturally sensitive matter could lead to political, legal, and reputational damage. “Overriding family preferences may be seen as a cultural affront in Zambia, where burial is a sacred familial rite,” he noted. “It could set a dangerous precedent in matters of personal liberty and family autonomy.”

To resolve the impasse, Chanda proposed a mediated approach involving respected national institutions such as the Council of Churches, the House of Chiefs, or other neutral statesmen. He further urged the government to facilitate a joint communiqué with the Lungu family, agreeing on the burial site, the balance between public and private mourning, and religious versus ceremonial rites.