The death of Zambia's late 6th Republican President, Edgar Lungu, in South Africa has ignited a significant national and international controversy, specifically regarding the handling of his remains and the subsequent postmortem or autopsy. This situation has drawn sharp criticism from opposition leaders and the deceased's family, while legal experts and government officials have offered clarifications and called for adherence to due process.

Hon. Brian Mundubile, leader of the Tonse Alliance, vehemently condemned President Hakainde Hichilema and the UPND administration, describing their actions as a "desecration" of Lungu's remains. Mundubile expressed outrage over reports that a postmortem was conducted without the full knowledge, consent, or participation of the late President’s family, raising serious questions about transparency, legality, and respect for the deceased's dignity. Similarly, Fred M’membe, the People’s Pact 2026 Presidential Candidate, criticized President Hichilema, attributing the actions to arrogance and an unbridled desire for control, especially three months before elections. M'membe, who claims to have been arrested for questioning the motives behind the interest in Lungu's body, called for President Hichilema's removal in the upcoming August 13 elections. The Lungu family, through spokesperson Makebi Zulu, accused Zambian government officials and South African police of the unlawful seizure of the remains and conducting an unauthorized postmortem, alleging a "grave abuse of power" and a breach of international legal norms based on a "lapsed" 2025 court order.

Offering a legal perspective, Tobbius C. Hamunkoyo- LLB, clarified that the procedure conducted was an autopsy, not merely a routine postmortem. He highlighted the critical legal and medical distinction: an autopsy is a detailed internal forensic procedure involving organs, tissues, and toxicology, particularly when the cause of death is unclear or suspicious. Hamunkoyo explained that this matter was triggered by serious public allegations, including sentiments expressed by Raphael Nakacinda on the South African Broadcasting Corporation and widespread claims of possible poisoning, which legally compelled South African authorities to act. He asserted that under international practice and domestic law, the responsibility to investigate lies with the country where the death occurred, making it a statutory duty for South Africa through its police and forensic institutions, not a political choice.

Hamunkoyo further emphasized that when a death is suspected to involve criminal elements, family consent is not required, as the law treats the body as potential evidence under state custody to prevent interference or concealment of facts. This legal position is well-established across common law jurisdictions, including Zambia and South Africa, where the State assumes full responsibility in cases of sudden, unexplained, or suspicious deaths. He therefore dismissed claims by Makebi Zulu and Emmanuel Mwamba regarding family consent or Zambia’s government conducting the autopsy as legally incorrect and misleading. Zambia's role, he clarified, is strictly diplomatic, engaging state-to-state with South Africa to ensure transparency and protect national interests, while the investigation remains exclusively under South African jurisdiction and authority. He cited international examples such as the deaths of Chris Msando in Kenya and Alexander Litvinenko in the UK, where state-led autopsies were conducted due to credible suspicion.

Amidst the escalating debate, Speaker of the National Assembly Nelly Mutti cautioned members of parliament against making speculative and unverified statements regarding reports of Lungu's remains being stolen. Emphasizing that the National Assembly is a house of facts, she urged MPs to support their claims with evidence, noting that the matter is already in court and should be left to the relevant authorities and the judiciary. The Council of Churches in Zambia (CCZ), represented by Reverend Ackson Banda, expressed concern that the prolonged impasse over the burial risked causing public fatigue and undermining efforts to accord a dignified burial. The CCZ urged the government and the Lungu family to urgently find common ground, warning that further delays could erode public patience, especially as the nation heads toward the 2026 general elections.

In a broader appeal, Reverend Banda underscored the importance of peaceful political engagement and urged political leaders to uphold democratic values and encourage tolerance across political divides. He reiterated the Church’s readiness to promote peacebuilding, civic education, and national dialogue, calling on Zambians to remain anchored in national values of unity, justice, and respect for human dignity. He also appealed for the protection of civic freedoms and stressed the empowerment of youth and women as agents of peace and development, cautioning political actors against exploiting them for violence or divisive agendas.