WHO HAS THE RIGHT TO DECIDE WHERE AND HOW PRESIDENT EDGAR LUNGU SHOULD BE BURIED…IS IT GOVERNMENT OR HIS FAMILY?- Antonio Mourinho Mwanza - The Zambian Observer
Mr Antonio Mwanza wrote
WHO HAS THE RIGHT TO DECIDE WHERE AND HOW PRESIDENT EDGAR LUNGU SHOULD BE BURIED…IS IT GOVERNMENT OR HIS FAMILY?
In Zambia, there is NO law that explicitly mandates a state funeral or prescribes a burial process for former Presidents. However, state practice and certain government regulations have guided how former Heads of State are treated upon death.
Here’s a breakdown:
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✅ 1. State Practice and Precedent
• Zambia has traditionally accorded state funerals to all deceased Presidents, both sitting and former.
• Former Presidents Levy Mwanawasa, Frederick Chiluba, Michael Sata, Rupiah Banda and Kenneth Kaunda were all given state funerals.
• These funerals involved:
• Lying in state
• National mourning (public holidays, flags at half-mast)
• Military honors
• Burial at Presidential Burial Site (Embassy Park) in Lusaka.
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✅ 2. Government Protocols and Decisions
• Though not enshrined in a single statutory law, the Office of the President (Cabinet Office) has protocols for national mourning and burial of sitting or former Presidents.
• These are administrative and policy-based decisions rather than laws passed by Parliament.
• The Presidential Burial Site Act, 2008 (Cap 264 of the Laws of Zambia) governs the Embassy Park burial site but does not mandate burial there—it authorizes the government to bury presidents there if the state so decides.
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✅ 3. Presidential Burial Site Act, 2008 (Cap 264)
• Section 3: The Minister may designate land as a Presidential burial site.
• Section 4: The President (or a person acting on their behalf) may approve burial of a deceased President at the site.
• No clause in the Act compels burial at this site or a state funeral.
• Consent of family is typically sought but not legally binding—this was at the center of the Kaunda family dispute in 2021.
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✅ 4. Constitution of Zambia (Amendment) Act, 2016
• The Constitution recognizes former Presidents and provides retirement benefits (Article 112), but it does not address burial or funerals.
MY PERSONAL THOUGHTS AND CONCLUSIONS
The State must continue to seek a common ground with the bereaved family and in the interest of national unity and posterity of our country resolve this impasse amicably.
I am of the considered view that the State must engage neutral arbiters such as the Church and Traditional Leaders to help resolve this matter.
In conclusion, I am calling upon all parties involved to seek wisdom, understanding, tolerance and respect for one another in order to maintain peace and unity.
May we continue to mourn our beloved late President in honour and peace.
Antonio Mourinho Mwanza
12 June 2025
