By Thandiwe Ketiš Ngoma

Zambia is today confronted with a disturbing and unprecedented question, one that should never arise in a constitutional democracy: who owns the body of a deceased person, the State or the family?

Under Zambian law and long-standing custom, the answer is clear. The body of a deceased person belongs to the family, not the government. Unless death occurs under suspicious circumstances requiring State intervention, the government has no proprietary or custodial rights over human remains. Decisions concerning burial, including where, how, and by whom, rest entirely with the family.

It is also a matter of public record that former President Edgar Chagwa Lungu died in hospital and that his death certificate, including the stated cause of death, was publicly shared by the government itself. Many Zambians consider this morally wrong and deeply insensitive, regardless of legality. Yet it was done. When power refuses to respect boundaries, especially boundaries around death, citizens inevitably begin to question motives.

The fact that the death certificate showing the certified cause of death is already in the public domain further disqualifies the Zambian Government from claiming any basis for investigations or continued interference in the custody of the remains.

It is important to clarify from the outset that the dispute surrounding the late President Edgar Chagwa Lungu is not about a state funeral. The Lungu family agreed to a state funeral when it was offered by the government. What they did not agree to, and have consistently objected to, is President Hakainde Hichilema presiding over the funeral or being anywhere near the mortal remains of their beloved husband, father, uncle, grandfather, and brother.

These were not spontaneous demands made after death. They were clear instructions left by President Lungu himself, stating that in the event of his death, his successor, President Hakainde Hichilema, should neither preside over his funeral nor be near his remains. Whether one finds those wishes agreeable or not is irrelevant. In law, culture, and morality, the wishes of the deceased and the family are paramount.

At the time of his death, President Lungu was in active politics, and his presidential benefits had been stripped. In effect, he was treated by the State as a private citizen. The government had withdrawn all privileges associated with his former office. It is therefore astonishing and irrational for the same government to now claim authority over his body. Authority over his remains resides squarely with his family. In any society governed by restraint, empathy, and respect for the law, that should have settled the matter.

Instead, the State appears determined not merely to support the funeral, but to control it, insisting that President Hichilema must preside despite being expressly informed that his presence is unwelcome. This insistence is troubling and deeply unsettling.

Out of apparent desperation, the government, through the Attorney General, has gone so far as to claim that it reinstated President Edgar Chagwa Lungu’s benefits after his death. This assertion is not only legally unsound but deeply insulting. Nowhere in the Zambian Constitution, nor in any statute, does it state that benefits stripped from a former President who returns to active politics are to be reinstated upon death. Benefits are personal, not posthumous bargaining tools. This claim raises a far more troubling question that well-meaning Zambians must now ask: why is the government so desperate to gain access to the body of the former President that it is willing to mislead the nation?

For those who argue that a state funeral cannot take place without the President, let it be stated plainly that this is false. A state funeral is not defined by the physical presence of the President. It is defined by official recognition, ceremonial honours, logistical support, and national observance. These functions can be carried out through designated representatives and state institutions. Many nations, including Zambia, have held state funerals presided over by vice presidents, speakers, ministers, or appointed officials. To insist otherwise is to mislead the public.

Why then has the government taken the Lungu family to court in South Africa, the country where President Lungu died? It is not because they rejected a state funeral. It is because they communicated the wishes of the deceased that President Hichilema should not preside over the funeral nor be near his remains. Because the President appears to believe he is entitled to preside regardless of those wishes, Zambia now finds itself in an unnecessary and heartbreaking standoff.

For those claiming that President Hichilema has no interest in presiding over the funeral or being near the body, the public record contradicts that assertion. The government-prepared funeral programme, which is publicly available, clearly listed him as the person to preside over the funeral and as the first to conduct body viewing. These are not rumours. They are documented facts.

In African societies, funerals are sacred spaces. They are moments of vulnerability, spirituality, and transition. Attempts to politicise, dominate, or personalise such moments deepen mistrust and fracture national cohesion.

Let it be clear that this is not an accusation of criminal or occult activity. However, behaviour that repeatedly defies logic, law, custom, and appeals for restraint will naturally invite public suspicion.Leadership is not preserved through force, entitlement, or litigation. It is preserved through humility, consent, and respect.

If the body belongs to the family, as the law affirms, then the State must step back. If unity is truly the objective, coercion has no place. If dignity is sincerely desired, the wishes of the dead and the grieving must come before the ego of power.

A DIRECT CALL TO ACTION

Mr. President, the time for rhetoric, delay, or litigation is over. The Lungu family has made their position abundantly clear. Their grief must not be politicised or exploited. Their loved one’s final wishes must not be overridden. The law, morality, and custom are unambiguous. The body belongs to the family.

You must now act decisively to restore dignity and uphold the rule of law. Respect the wishes of President Edgar Chagwa Lungu and his family. Withdraw the case from the courts in South Africa. Step back and allow the Lungu family to bury their loved one in peace. Do not force yourself to preside over a funeral where your presence is expressly unwelcome.

Anything less is a betrayal of national trust, a violation of family rights, and a disservice to your office. Leadership is not proven by coercion or entitlement. It is proven by restraint, humility, and respect for the living and the dead.

Only when you allow the Lungu family to grieve and conduct the burial according to the wishes of their loved one can healing begin, for the family, for the nation, and for the conscience of Zambia. Until then, this question will remain a painful and unresolved indictment of your leadership.

The nation is watching, Mr. President. Step aside. Respect the family. Restore peace. Let Edgar Chagwa Lungu rest.