WHAT LIKELY WILL BE EDGAR LUNGU’S JUDGEMENT?
By Silent Observer
Based on typical legal reasoning and precedence in cases involving constitutional law, public interest, and state protocol, the court’s likely position or opinion on the Edgar Lungu burial matter after hearing arguments from both parties will revolve around a few key considerations:
1. The Constitutional and Legal Framework
National Presidential Emoluments and Benefits Acts and Burial of Presidents Acts (or equivalents) are likely to be examined to see what rights the state has over the remains of a former President.
If Edgar Lungu is officially recognized as a former Republican President, the court may affirm the state’s legal mandate to provide for and determine the burial in accordance with national honor protocols, unless explicitly declined by the family in writing.
However, if Lungu is being portrayed as not eligible for such honors (e.g. if he is still considered an active political figure or was not officially accorded retirement recognition), the court may rule the State overstepped.
2. The Role of the Family vs. the State
The court will likely affirm the family’s emotional and customary rights, especially in African context, where families traditionally guide burial rites.
However, in balancing this with state obligations to the nation, the court may emphasize that a former Head of State’s burial is a matter of national interest and not purely a private matter.
Possible finding: The court may encourage or compel a negotiated solution where the family’s cultural rights are respected within the framework of state protocol.
3. The Conduct and Communications of Both Parties
The court may reprimand both parties for failure to properly communicate and compromise, especially if inflammatory public statements were made.
If one party is shown to have acted in bad faith or escalated the matter unnecessarily (for instance, if the family lawyer misrepresented facts), the court might issue a caution or rebuke.
4. Public Interest and Precedent
The court will likely weigh the precedent this ruling will set for future presidential or high-ranking official burials.
Expect strong language on the need to preserve national unity, decorum, and dignity in matters involving former Heads of State.
Likely Outcome
The court is likely to rule in favor of a middle-ground solution — affirming the state’s constitutional responsibility to bury a former President with honor, while urging it to meaningfully consult the family and not override familial or customary considerations unless legally necessary.
In short:
The burial of a former Head of State is both a family matter and a national one. The court urges the parties to cooperate to uphold the dignity of the deceased, the law, and the nation.”
We leave it up to the court in Pretoria.In Zambia our high Court understood the desire of the People and that of the Kaunda family but the court looked at the larger number,the people of Zambia and the state’s tradition and interest.The case is similar, the only difference is where the death occured.But overally it one and the same thing.Presidents stop being restricted to family interest but to the country even when they come out of office.Presidents are usually guided by the will of the people even when it comes to decision making on something that creates some puzzle.A blame on an individual or government shall not be shared by large population of the country, whether the accusers are wrong or right.Thats what I feel personally.
There is no indignity in burying the former President in Zambia. There is indignity in burying him as an ordinary citizen.
Why apply for citizenship for someone who is already dead?
The most likely judgement will be in favour of the family as they have the right over the body as well where and when to bury. The only reprieve hopefully the state will get is that one or two state representatives will be allowed to see the body for verification purposes.
The South African law will take precedent. The arguments are in South African court.
Boma ni boma.
The South African government and their military prepared a dignified send off at the airport of departure. The Lungu family did not show up. This will not go unpunished. And the court ruling which will be in favour of the Zambian government means that the Lungu family must bear the cost of the court case. And pay the morgue that has been keeping the body until the day it leaves that morgue.
Wina aza lila. But since Lungu stole millions, these payments will not put the family under any pressure. They have already bought a house in a high cost area of Jo’burg. And have private security firm guarding them 24 / 7.