By Amb. Emmanuel Mwamba
Two Weeks After Lungu’s Death, Legal Vacuum and Funeral Disputes Stir National Conscience
State Counsel John Sangwa: “Respect the family, write the law — and let common sense prevail.”
By Staff Reporter
Lusaka, 19 June 2025
Two weeks after the passing of Zambia’s sixth Republican President, Edgar Chagwa Lungu, the nation remains in mourning yet that mourning is now clouded by legal uncertainty, conflicting protocols, and a tense standoff between the State and the late President’s family.
President Lungu, who died on 5th June 2025 at the age of 68 while undergoing treatment in Johannesburg, is remembered as the “Father of Infrastructure,” credited for spearheading transformative road, housing, and hospital projects during his tenure.
But despite his contributions, his final journey has exposed a glaring gap in Zambia’s legal system: the country has no binding law governing the funeral of a sitting or former head of state.
In a widely circulated interview on Emmanuel Mwamba Verified, constitutional lawyer and State Counsel John Sangwa was unequivocal:
“There is no law in Zambia for state funerals. What we are seeing is not law it is courtesy. And a courtesy can be rejected.”
Sangwa argued that the current disputes surrounding President Lungu’s burial could have been avoided if Zambia had a clearly defined legal framework similar to what exists in countries like Tanzania. There, state funerals are codified: designated burial sites, clearly outlined roles for the family and government, and budgetary provisions are enshrined in law.
“We must emulate Tanzania. They have rules we have circulars. But circulars are not law. Favours are not law,” he said.
Zambia has lost five presidents since independence:
Kenneth Kaunda (d. 2021, aged 97)
Levy Mwanawasa (d. 2008, aged 59)
Frederick Chiluba (d. 2011, aged 68)
Michael Sata (d. 2014, aged 77)
Edgar Lungu (d. 2025, aged 68)
Yet, Sangwa noted, no legislation has ever been passed to formally guide state funerals or define the boundaries between government and family authority.
“We must now pass a law on state funerals covering budget allocations, days of national mourning, burial sites, and the rights of the deceased’s family. Without it, we are improvising. And that’s both dangerous and disrespectful.”
Citing the example of President Mwanawasa, whose request to be buried at his farm was ignored, Sangwa reminded the public that the Wills and Administration of Estates Act must apply equally—even to presidents.
“That was unlawful. Not even a President should override a citizen’s last will and testament,” he asserted.
On the ongoing dispute, Sangwa emphasized that former First Lady Esther Lungu and her children are the rightful custodians of President Lungu’s final wishes.
“If the family chooses not to attend the funeral, then no one else should. In the absence of law, common sense and decency must prevail. The family’s wishes must come first.”
He added with firmness:
“You cannot force your way into someone’s funeral. That is not law it’s intrusion. And it deepens wounds instead of healing them.”
Sangwa acknowledged the history of political hostility between President Lungu and the current administration, warning that this history cannot be dismissed when addressing the present impasse.
“When you mistreat someone in life, you cannot expect full trust in death. It’s that simple. This is why we need law to eliminate suspicion, build confidence, and help the nation heal.”
He urged President Hakainde Hichilema to exercise humility and restraint:
“Do not force your presence where it is not welcome. If the family does not want you there, respect that. Support them from a distance. That is true leadership.”
Sangwa concluded with a powerful message of unity and legal reform:
“The people hurting the most are the widow and the children. Everything else public sentiment, political image comes second. Let us honour the family. Then let us fix this mess permanently.”
“Let’s pass a State Funeral Law. Let’s not improvise again. Let this painful moment be the moment Zambia matures legally and morally.”
As Zambia remembers Edgar Lungu, the challenge now is not only to preserve his legacy of roads and hospitals, but to build lasting bridges of law, empathy, and national healing.
Sangwa further emphasized that once the former President is laid to rest, Zambia must quickly refocus on pressing national issues, including poverty alleviation, job creation, and restoring public trust.
“We owe the Lungu family peace—and the country, progress.”
JUNE 19, 2025
These are the so called constitutional lawyer we have in Zambia. Good constitutional lawyers help to maintain sanity in the nation. But our confused lawyers, seem to be more inclined to confusion because of their desperation for political mirages and power anchored on their greediness and hatred and jealous against HH
Not just a constitutional lawyer but a State Counsel as well.
Some issues need not be debated. As precedence lets just follow what the deceased insisted on when the First Republican President was put to rest. Family wanted to bury at the farm next to his late wife. The State them refused. What law did he use then?
This same precedence should apply to this case. Is it not so learned Councel.
Equally disappointed with partisan stance taken by such a respectable lawyer..
You mean he’s not seeing what majority citizens are against that it’s not about the family, but about PF playing politics during such a solemn time..?Manipulating family to play dirty n costly politics? Sorry it’s totally wrong and un-African..
Thanks John Sangwa for this information, I actually didn’t know that state funeral is actually out of courtesy.
My dear HH, kindly pull it down for now, let the family of ECL do as they wish, as long as they don’t break the law.
Security wings pls search them like you do to many of us when we land at KK, they don’t deserve the courtesy offered to them.
Good idea.
Sensible comment Mr. Bean. This is wisdom.
And yes, the law should always be applied equally to all citizens, regardless of party affiliation, status or tribe.
REJECT TRIBALISM, CORRUPTION AND OPPRESSION.
VOTE FOR CHANGE IN 2026.
He is just a useless lawyer whose has a very failure rate in winning court cases. He might be very talkative in terms of PR, but that’s where it ends. Most of his pronouncements are not based on law but his personal opinion.
And the recent Lungu matter we saw exactly was you suggest James. All noise and no bite.
The man was put in his place by the court when asked to make a submission. He failed. In the procedure of the court, he equal failed to demonstrate his understanding of how the VERY court and law he claims to be an expert in. A Joker in my eyes.
John sangwapo already has thrown his dirty thots in this issue . Is that grey hair penetrating your eyes when u fail to reason with the entire Zambians . Or are you also a foreigner. Be frank with your citizens ship
But these useless lawyers were there when the Lungu government went against the will of Levy p mwanawasa,at that time it was good to force a courtesy on the family of mwanawasa who equally wanted the wish of Levy to be respected,same applies to KK’s wishes to be BURRIED next to mama bety, it’s the same Lungu government which forced the so called courtesy and BURRIED KK at embassy park.Today these so called lawyers want to take us for granted and think we shall be agreeing to everything they speak,no not now because we now know you don’t mean well,there is too much hypocrisy in your judgments.What is so special about ECL wishes than the other heroes we BURRIED before.
My question is,Where was Sangwa sc when ECL denied to follow the wishes of the other former and late presidents?
May God guide our president and you people are just vindictive and thanks we thank you for opening our eyes because we are now capable of seeing which is black and which is white.
Levy p mwanawasa mean to say KK not Levy .
Mama Esther Lungu, these kwangalas will leave you with problems. You are the only person who will deeply feel Lungua’s absence. Tasila will run to her mother. Let this funeral conclude for your own sanity. Daliso, also grow up and show your kahunas, roar like a lion and stop this nonsense. Remember lawyers charge per hour
What makes the bathing towel dirty even if it is only used after bathing? Some Lawyers are like that clean looking bathing towel and yet dirty.
The President is mandated to call or declare the State funeral because he is the head of State. He is also a Commander in Chief. In this particular case he declared the State funeral for the former president, his officers would perform a guard of honor and expect him not to attend such a funeral.
He is the head of Government – Cabinet office falls under his office, The office of the President. The cabinet office invite delegates to the funeral and you expect the President not to be invited.
Imagine in situation where the President denies the former president a State funeral. How will the funeral be organized? Who will invite deginitories?
The President has mentioned that there are a lot of lacunae in the current constitution and some Lawyers opposed him. Today we are exposed!
How can a funeral of the President or former president be a courtesy? A person who served the Country and has confidential State Security? A person with immunity?
What is common sense here?
The sixth president refused to be addressed as former president and Given Lubinda at one point said 65% of civil servants loyal to PF and this is what they want to prove.
It is not about the Lungu family but their political relevance.
Common sense is available to everyone but it can not prevail if some people don’t want or fail to use it. How do some selfish politicians cling to a dead body for the sake of gaining political mileage and you expect common sense to prevail, how can it? The common sense here is to realize that ECL is dead and whether his body is kept for weeks or months, it will not change anything, the sooner his remains are buried the better for his family and the nation and both the family and the nation should move on. We just need to thank God for having given us Lungu and now that he has gone, we need to put him to rest and leave his remains to rest in peace, otherwise there is no indefinite funeral on earth regardless of who the deceased was in the family or society. Delaying to burry a corpse is not only un natural but is also evil and unbiblical. Lungu just left the country for medical treatment, he did not go in exile, and that being the case I don’t see any reason why bringing back his body for burial should be a problem.
The family has the upper hand and we respect their views and wish, if they don’t want the President to lead the nation in mourning Lungu or attend his burial, let it be so. I don’t think HH can force himself to attend a funeral where he is not welcome. It will be the funeral of its kind because there is no serving President who failed or barred to attend the funeral of a former president, it’s un heard of. Not long ago, HH didn’t attend Sam Nujoma’s funeral in Namibia and many people complained but now the same people don’t want HH to attend Lungu’s funeral, that’s bringing confusion in the country. We have existed in this country the past 60+ years and have lost both the serving and former presidents and have handled their funerals in a peaceful and dignified manner of which Lungu’s funeral should be handled in the same manner. Lungu himself handled KK’s funeral, RB handled those of LP Mwanawasa and FTJ Chiluba, Guy Scott handle that of Sata while HH handled that of RB and the whole country had to unite during those funerals, there was no confusion at all. Even now, HH being the string President, he needs respect and support and be allowed to handle the funeral of the former and sixth president of Zambia Edgar Chaahwa Lungu and the whole nation should unite behind him. So let common sense prevail so that we move on as a nation, we shouldn’t allow our emotions and politics to control us. Both HH and Lungu’s family will gain or lose nothing if HH attends Lungu’s funeral especially if we take HH as the serving president and Lungu as the former president. It’s unfortunate that people who are supposed to give guidance and direction are the ones who busy providing confusion and misleading the family. RB’s family never said anything when he passed on and yet he was equally refused to travel to the same South Africa for medical treatment.
Most of the so called are not actually Zambians first find out there originals these gangs they old positions some are Congolese or from Malawi they don’t care about mother Zambia they forget the past what happened to kaunda family??