A South African court grants Zambia rights to repatriate Edgar Lungu for State funeralal
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former President Edgar Lungu
South African Court Grants Zambia Right to Repatriate Edgar Lungu for State Funeral
Legal ruling favors Zambia’s government in dispute over former president’s burial location.
A South African court has handed a significant legal victory to the Zambian government by allowing it to repatriate the remains of former President Edgar Lungu for a state funeral in Zambia. This decision comes despite objections from Lungu’s family and ends a bitter legal struggle over where the late leader should be laid to rest. The ruling highlights the tension between personal family wishes and the nation’s interest in honoring a former head of state.
Judge Emphasizes Public Interest Over Family Wishes
On Friday, Judge President Aubrey Ledwaba of the South African High Court ruled that Zambia has the legal right to conduct a state funeral for Lungu, who led the country from 2015 to 2021. The judge underlined that the burial of a former president is a matter of public interest that supersedes any personal desires expressed by the deceased or their relatives.
Family’s Desire to Bury Lungu in South Africa Rejected
Edgar Lungu passed away in June at the age of 68 in a South African hospital. Reports say he wished to be buried in South Africa, a wish echoed by his family. They also requested that Zambia’s current President Hakainde Hichilema avoid involvement in the funeral, citing long-standing political animosity.
Zambia Insists on Official Burial at Home
Despite these objections, the Zambian government argued that as a former president, Lungu deserves an official burial on home soil. They maintained that honoring national protocol is crucial, regardless of family preferences, to acknowledge his role in Zambia’s history.
Political Rivalry Casts Shadow Over Burial Dispute
The controversy surrounding Lungu’s burial reflects a deeper political rivalry between him and his successor, President Hakainde Hichilema. The two were bitter opponents; Hichilema was even jailed in 2017 during Lungu’s presidency on charges widely seen as politically motivated. Lungu also accused Hichilema’s administration of harassment and restricting his movements.
Family Accuses Government of Medical Travel Blockade
Lungu’s family claimed the government initially blocked his travel to South Africa for medical treatment a charge the administration denied. This dispute has only exacerbated tensions, with Lungu’s supporters accusing the current government of trying to control his legacy by insisting on a state funeral in Zambia.
Court Cites Legal Precedent for State Funerals
In its ruling, the South African court referred to Zambian legal precedents that establish state funerals as a matter of national protocol for significant public figures. Judge Ledwaba stated that even if a former president wishes not to receive a state funeral, such wishes must be set aside in favor of the public interest.
Family Barred from Burying Lungu in South Africa
The court’s decision prohibits Lungu’s family from proceeding with a burial in South Africa on the planned funeral date. Zambia will oversee the repatriation and burial arrangements. Although the family retains the right to appeal, Zambian Attorney General Mulilo Kabesha expressed optimism that the ruling will end the dispute.
Attorney General Hopes for Closure
Kabesha told reporters, “This isn’t about winning. You can’t win when it comes to a burial. It simply makes sense that the former president of the Republic of Zambia should be laid to rest in his homeland, the nation where he served as president.”
National Unity vs. Personal Wishes
This case raises profound questions about balancing an individual’s final wishes with the state’s responsibility to honor its leaders. Some believe the family should have the ultimate say, while others insist that former heads of state deserve formal national recognition.
Political Divisions Underlying the Dispute
The ruling also brings to light ongoing political divisions within Zambia, where transitions of power have historically been fraught with conflict. Whether the upcoming state funeral will unite the nation or deepen existing divides remains uncertain.
Next Steps: Funeral Preparations Underway
Following the court’s decision, Zambia’s government will move forward with repatriating Edgar Lungu’s remains and organizing an official state funeral. Although the family may challenge the ruling, legal experts believe any appeal will face significant challenges due to the court’s emphasis on public interest.
Global Eyes on Zambia’s Political Future
As Zambia mourns its former leader, the world watches closely to see if this legal resolution can heal political wounds or if the divisions marking Lungu’s final years will continue even in death.
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