Lawsuit against Lungu’s SA burial not about winning, AG reiterates need for consensus

ATTORNEY General Mulilo Kabesha has publicly addressed the Zambian government’s court action blocking the burial of late former president Edgar Lungu in South Africa, stating the move is aimed at achieving the best possible outcome for the country.

Speaking when he featured on ZNBC this morning, Kabesha, disclosed that the government was guided by the Benefits of Former Presidents Act, Chapter 15 of the Laws of Zambia, which mandates the State to facilitate and finance the funeral of any former Head of State, including determining burial procedures.

Kabesha said government was left with no choice but to approach the courts after failed negotiations with the former First Family over funeral arrangements.

The Attorney General explained that while emotions are understandably high, what must prevail is national unity and lawful procedure in handling the remains of a man who once held the highest office in the land.

He revealed that he is personally willing to recommend that Cabinet appoints a mediation team to re-engage the family, with hopes that consensus could still be reached, possibly before the end of the month.

“The best outcome for the nation is for all parties to agree and have the body brought back to Zambia,” Kabesha said.

“Speaking for myself, the best for this nation is that by tomorrow the parties agree… bring the body here,” he added.

In a separate interview on Hot FM, the Attorney General explained that government is not seeking to win a personal or political battle but is trying to uphold the law and protect the dignity of the presidency, even in death.

Although dialogue was the preferred route, Kabesha said the impasse pushed the State into legal action to avoid setting a dangerous precedent of public disorder and confusion.

“It is not ‘we must win at all cost,’ no, please, that is not the government position. The government position is to finish all the processes. We have tried to negotiate, it has not worked,” he revealed.

As it stands, the South African High Court in Pretoria has put a halt to the burial arrangement following an application by Zambia’s attorney general Mulilo Kabesha challenging the family’s decision.

The court further asked Zambia’s attorney general to file an application by July 3, 2025, stating reasons why the late president’s body should be returned to Zambia.

The court has since set July 18, 2025 as the date for the ruling and until then, the court has suspended all burial plans.

By George Musonda

Kalemba June 25, 2025