Zambia’s Attorney General, Mr. Mulilo D. Kabesha SC, has initiated public interest litigation in the Gauteng Division of the High Court in Pretoria, South Africa. The legal action seeks to prevent the burial of the late 6th Republican President, Dr. Edgar Chagwa Lungu, until disputes surrounding his final resting place are resolved.

The lawsuit targets members of Dr. Lungu’s family and two other individuals, urging the court to grant an interim injunction. The Attorney General argues that Dr. Lungu’s burial should only proceed once it is determined whether he should be laid to rest in Zambia with full military honours, in line with state protocols, traditional customs, and legal expectations.

According to Mr. Kabesha, funerals for former Heads of State are public, ceremonial events governed by military and state procedures, meant to honour national leaders. He contends that even if Dr. Lungu allegedly wished to forgo a state funeral—a claim the state disputes—personal preferences must give way to the national interest.

The application also refers to the precedent set during the burial of Zambia’s founding President, Dr. Kenneth Kaunda, whose burial wishes were overridden by the courts in favour of public interest and national protocol requiring interment at Embassy Park.

Among those named in the case are former First Lady Esther Nyawa Lungu, Bertha Lungu, Tasila Lungu, Chiyesu Lungu, Dalitso Lungu, Charles Phiri, and Makebi Zulu. Two Mountains Pty, the South African mortuary currently holding Dr. Lungu’s remains, is also listed as a respondent.

This matter has been brought under Article 177(5)(c) of the Zambian Constitution, emphasizing the Attorney General’s role in safeguarding the public interest. The Pretoria High Court is scheduled to hear the interim interdict application on Wednesday, 25th June 2025, at 08:00 hours.