Lungu’s Funeral: Government Cannot Claim in Death What It Denied in Life- Thandiwe Ketiš Ngoma

Lungu’s Funeral: Government Cannot Claim in Death What It Denied in Life

By Thandiwe Ketiš Ngoma

When President Edgar Chagwa Lungu returned to active politics on 28th October 2023, the Zambian government acted swiftly and decisively. His Office of the Former President was closed, and his retirement benefits, allowances, and privileges—from staff and security detail to vehicles and housing—were stripped away.

The official reason? By law, a former president who re-enters active politics immediately forfeits the rights, benefits, and protections of a retired head of state. By both law and action, the state had spoken: Edgar Lungu was no longer considered a retired president entitled to state-sponsored privileges.

The Contradiction in Death

If this was the government’s position in life, on what legal or moral grounds does it now claim ownership over Lungu’s funeral in death? The same state that declared, in official capacity, that Lungu was no longer eligible for the perks of a retired president is now insisting on directing the funeral program, treating his remains as though they are government property.

This is more than hypocrisy. It raises a fundamental legal and constitutional question: Is the state now saying it will posthumously restore his benefits to justify taking over his funeral?

Legal and Constitutional Considerations

There is no clause in the Zambian Constitution that allows for posthumous restoration of a former president’s benefits after they were lawfully revoked during their lifetime. Under the Benefits of Former Presidents Act, the conditions for enjoying state-funded privileges are explicit, as are the grounds for forfeiture. Once benefits are lost due to a return to active politics, they are not automatically reinstated upon death

If the government intends to claim that Edgar Lungu is entitled to a full state funeral as a retired president, it must first explain under which law or constitutional provision this reversal is being made. Without that, the takeover of his funeral program has no legal foundation.

Respecting Final Wishes

The government must also confront a fact it cannot ignore: Lungu left clear final wishes that his successor, President Hakainde Hichilema, should not be anywhere near his remains and should not preside over his funeral. This was a deliberate, personal decision, not an emotional outburst. Ignoring it is not merely a family matter; it is an act of disrespect to the deceased himself. In Zambian culture, the wishes of the deceased and the decisions of the family carry moral weight that no government decree can erase.

The Reality of the Current Environment

All well-meaning Zambians would love to see President Edgar Chagwa Lungu buried in his home country, a nation he served with humility, a leader who peacefully handed over power without hesitation, leaving behind a visible legacy of infrastructure development. However, the hostile environment created by UPND officials, party cadres, political surrogates, rogue media pages aligned with the ruling party, and President Hakainde Hichilema himself makes it practically impossible for him to receive a dignified and unifying send-off at this time. Instead of unity, the atmosphere is charged with political bitterness, public mockery, and antagonism toward Lungu’s memory, conditions no family would willingly subject their loved one to in their final farewell.

The Family’s Decision

Given these realities, the family’s decision to have President Edgar Chagwa Lungu buried temporarily in South Africa, with final repatriation when there is a change of government and a conducive environment for a dignified send-off, is both understandable and commendable. This decision protects his dignity and ensures that his final moments on Zambian soil are not tainted by political hostility.