Wishes or Whispers? Makebi Zulu, the Missing Will, and the Edgar Lungu Burial Controversy
Wishes or Whispers? Makebi Zulu, the Missing Will, and the Edgar Lungu Burial Controversy
By; Tobbius Chilembo Hamunkoyo – LLB
The death of former President Edgar Chagwa Lungu has ushered in a period of national reflection, but also a public dispute over how his funeral should be conducted.
Makebi Zulu esq, who is serving as the legal representative and spokesperson for the Lungu family, has publicly claimed that the late President left specific instructions, among them, that President Hakainde Hichilema should not be involved in the funeral.
However, to date, no valid Will or written document has been produced to support this serious assertion.
Under Zambian law, specifically the Wills and Administration of Testate Estates Act, Chapter 60 of the Laws of Zambia, a Will must be in writing, signed by the testator, and witnessed by at least two people for it to be legally binding.
A Will may contain burial instructions, but such instructions only carry legal force if the Will meets the above requirements. Verbal wishes or second-hand claims, no matter who makes them, carry no legal weight and cannot override the law.
It is an undisputed fact that without a valid Will, the matter falls under intestate administration, and the government retains authority to proceed in line with national protocols.
In this case, the State has a constitutional duty under public law and precedent to honour and recognize a former Head of State with a state funeral.
This position is reinforced by the State Proceedings Act, Chapter 71, which governs how public functions are to be carried out in the interest of national order and public interest. Therefore, unless a legal document is produced, the State remains within its rights to proceed with arrangements befitting the office the late President held, regardless of family preferences.
To avoid further confusion, tension, or political manipulation, it is critical that the family, particularly Makebi Zulu esq and the Lungu family, either produces the alleged Will or publicly acknowledges that their position is based on moral or emotional considerations, not legal instruction from the late.
In a constitutional democracy, the rule of law must take precedence over hearsay. Zambia must be allowed to mourn and honour former President Lungu with dignity, order, and unity, not based on whispers, but on verified facts and lawful process.
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