The dilemma of State Honors

…Reflections on the Death of Former President Edgar Lungu

The Government of Zambia now finds itself in a delicate—and arguably awkward—position following the death of the Sixth Republican President, Dr. Edgar Chagwa Lungu. This development raises significant legal and moral questions regarding the entitlements and recognition of former heads of state, particularly in light of Dr. Lungu’s return to active politics and the subsequent revocation of his retirement benefits.

Sometime between 2023 and the present, Dr. Lungu challenged in court the government’s decision to withdraw these benefits, arguing that the action was unjustified. The government, on its part, maintained that the decision aligned with the provisions of the Benefits of Former Presidents Act. It remains unclear whether the case was conclusively heard or determined by the courts.

Now, in the wake of his passing, many voices have called for Dr. Lungu to be granted a state funeral befitting a former Head of State. However, this brings to the fore several important questions:

Can anyone kindly clarify the legal and moral basis upon which a state funeral is now being considered for Dr. Lungu, given that his retirement benefits and privileges were officially revoked? These reportedly included the withdrawal of security personnel, loss of access to state vehicles, cancellation of medical insurance even during illness, and the denial of entitlements under the Office of the Former President. If his status as a former president was effectively nullified by the revocation of these benefits, does the Benefits of Former Presidents Act provide for the automatic restoration of such privileges upon death?

It is within my thoughts as well that the government’s failure to make a formal and timely announcement regarding his death—or to provide clarity on funeral proceedings—may be influenced by the current legal position that his benefits remain revoked. This silence could reflect the legal and procedural uncertainty surrounding how to proceed with the state’s obligations in such a scenario.

This moment presents an opportunity for national reflection. The legal challenge brought by Dr. Lungu could have served as a catalyst for amending the Act to address such ambiguities—particularly in cases where a former president’s status remains in legal or political dispute at the time of their death. Is this issue among the provisions being considered in Bill No. 7 of 2025? If not, perhaps it ought to be, as the current situation reveals a notable gap in the existing legal framework.

Ultimately, this scenario underscores the need for greater clarity and consistency in how Zambia honours its former leaders—especially in circumstances where their eligibility and entitlements are contested. It is crucial that the law is applied fairly and uniformly, in a manner that respects both the dignity of the office and the principles of the Republic.

By Ackim Phiri
A Public Administration Student