2 weeks after Lungu’s death, legal vacuum and funeral disputes stir national soul
John Sangwa
….State Counsel John Sangwa: “Respect the family, write the law — and let common sense prevail”
By Staff Reporter
….
Lusaka, 18 June 2025
Two weeks after the death of Zambia’s sixth President Edgar Chagwa Lungu, national mourning is being overshadowed by legal confusion, protocol clashes, and a tense standoff between the State and the grieving family.
President Lungu, who passed away on 5th June 2025 at the age of 68 while receiving treatment in Johannesburg, is widely remembered as the Father of Infrastructure, having championed massive road and hospital projects during his time in office.
Yet despite his legacy, Zambia today faces a troubling reality—there is ‘no law’ that governs how the country should bury a sitting or former head of state.
In a widely shared interview on “Emmanuel Mwamba Verified”, renowned constitutional lawyer and State Counsel John Sangwa spoke bluntly:
“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 said the controversy surrounding President Lungu’s send-off could have been avoided if Zambia had enacted legislation similar to Tanzania, which has a clearly defined legal framework governing the burial of presidents.
In Tanzania, the process is codified in law, with a designated national cemetery, state budget provisions, and fixed roles for government, church, and family.
“We must emulate Tanzania. They have rules. We have circulars. But circulars are not law, favours are not law,” Sangwa, a State Counsel noted.
Zambia has now lost five presidents in its post-independence history, including:
• Kenneth Kaunda (d. 2021, age 97)
• Levy Mwanawasa (d. 2008, age 59)
• Frederick Chiluba (d. 2011, age 68)
• Michael Sata (d. 2014, age 77)
. Rupiah Banda (d.2022, age 85)
• Edgar Lungu (d. 2025, age 67)
And yet, Sangwa observed, not once has a law been passed to regulate presidential funerals or define roles between the State and the bereaved.
“We must now pass a law on state funerals—on the budget, days of mourning, burial sites, rights of the family. Without it, we are improvising. That is dangerous and disrespectful.”
He referenced the case of Levy Mwanawasa, who left a will requesting to be buried at his farm, a wish that was ignored. “That was unlawful,” Sangwa said. “We have a Wills and Administration Act. Not even a President should override a citizen’s last will and testament.”
In the current dispute, Sangwa said Mrs. Esther Lungu, the former First Lady, 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 the law, common sense and decency must prevail. The family’s wishes must come first.”
He added:
“You cannot force your way into someone’s funeral. That’s not law. That’s intrusion. And it makes reconciliation harder.”
Sangwa also acknowledged the historic bad blood between the late President’s family and the current government, saying such tensions must not be ignored.
“When you mistreat someone in life, you cannot expect full trust in death. It’s that simple. This is why we need the law—to remove suspicion, to build confidence, and to heal.”
He urged President Hakainde Hichilema to show restraint and humility in the face of resistance from the Lungu family.
“Do not force your presence where it is not welcome. If the family doesn’t want you there, honour that. Support them from a distance. That’s leadership.”
Sangwa concluded with a plea for unity and compassion:
“The people who are hurting most are the widow and children. Everything else—how we feel, how the President feels—is secondary. Let us do right by the family and then fix this mess once and for all.”
“Let’s pass a State Funeral Law. Let’s not improvise again. Let this moment of pain be the moment Zambia grows up legally.”
In remembering Edgar Lungu, Zambia must build not only bridges of concrete but bridges of law, love, and healing—for today, and for tomorrow.
Sangwa said, Zambia must as soon as the sixth President is bade farewell, start tackling serious issues such as poverty reduction and job creation. He wished the former first family well.