KUMWESU ANALYSIS: Legal, Cultural, and Political Dimensions of the ECL Burial Dispute

KUMWESU ANALYSIS: Legal, Cultural, and Political Dimensions of the ECL Burial Dispute

The legal standoff between the Government of Zambia and the family of the late former President Edgar Chagwa Lungu (ECL) has stirred national and international attention. The controversy surrounding his final resting place has highlighted complex intersections between law, custom, politics, and personal legacy.

In an affidavit filed before the Pretoria High Court, the Zambian Government argues that it is legally entitled to oversee and proceed with ECL’s burial in Zambia, under the framework of a State Funeral. The government insists that it reached an agreement with the family during earlier negotiations and that all preparations, including the grave site, were finalized with that understanding in mind.

Government lawyers maintain that the continued delay and resistance from the family risk bringing Zambia into disrepute on the international stage. They argue that it would be a national embarrassment if the burial of a former Head of State were to take place outside Zambia or under unclear arrangements. This, they say, could diminish national dignity and hurt the image of the current leadership.

The affidavit further emphasizes the symbolic and legal importance of laying ECL to rest in the country he once led. To strengthen its position, the government references Chief Mumbi, a traditional leader from Eastern Province, who has reportedly voiced support for the state-led burial. In addition, Mr. Mutemwa Mutemwa, an expert on Zambian traditions and customary practices, is cited to validate the state’s adherence to cultural norms.

The government contends that its authority derives from Section 5(1) of the Benefits of Former Presidents Act, which it interprets as allowing the suspension but not disqualification of ECL’s entitlements after he returned to active politics. This interpretation, they say, secures the right to a State Funeral despite the earlier suspension of benefits.

However, the family of the late president presents a different narrative. They argue that the context has changed, and the final wishes of the deceased should override prior state arrangements. According to family representatives, ECL felt betrayed and mistreated in his final years and may have deliberately chosen not to be buried under a state-managed arrangement.

Public statements from family members and supporters reveal deep mistrust toward the government’s motives. Some claim the state is attempting to control the legacy of ECL, whom they believe was systematically vilified after leaving office. The phrase “tabalefwaya” (they are not wanted) has echoed across social media platforms, reflecting the family’s belief that ECL was rejected in life and should not be used for political optics in death.

The controversy has also taken a spiritual dimension. Quoting Ezekiel 22:30, some Christian supporters of the family have called for prayer and intercession, urging Zambians to stand in the gap and plead for justice on behalf of the late president’s family. To them, this is not merely a legal battle but a spiritual and moral struggle against what they perceive as political opportunism.

Supporters of the family argue that if President Hakainde Hichilema can choose to live at Community House rather than the official State House, as a matter of personal choice, then the Lungu family should also be allowed to honor ECL’s burial wishes, even if they diverge from tradition or precedent.

Critics of the government’s position say that being “entitled” to the body, as described in the affidavit, sounds arrogant and insensitive in the current context. While the term “entitlement” has legal grounding, in common usage it carries a tone of unwarranted privilege especially in emotionally sensitive situations such as this.

Nonetheless, others argue that Zambia must maintain consistency and order in how it handles matters of State, especially concerning former leaders. Allowing personal grievances or politics to determine such a solemn national process, they warn, could set a dangerous precedent.

Ultimately, the burial of a former President should transcend politics. It should reflect dignity, unity, and respect for both national traditions and individual wishes. While the courts may soon give a legal ruling, the healing of public perception and historical memory will require much more compassion, humility, and genuine dialogue between the State and the Lungu family.

As Zambia watches closely, this case will not only decide where Edgar Lungu is buried but may also redefine how the nation handles the legacy of its former leaders in the future.

July 5, 2025
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