The government has clarified that it has at no point been in physical possession of the remains of the sixth President, Edgar Lungu, amid ongoing legal and procedural developments in South Africa.

Attorney General Mulilo Kabesha says the remains have remained under the custody of South African authorities throughout the process, as legal proceedings over their release and burial continue.

Speaking during a press briefing in Lusaka, the Attorney General also reiterated President Hakainde Hichilema’s position that he remains committed to ensuring a dignified process.

Mr Kabesha added that the President had even indicated willingness to stay away from the funeral if that would help achieve consensus.

He said government will continue monitoring legal developments while focusing on national governance priorities.

“In the meantime, government’s work continues. The President and his team remain focused on delivering the mandate given by the Zambian people,” Mr Kabesha said.

He further explained that the late Dr Lungu passed away in Pretoria on 5th June 2025, after which South African authorities opened an inquest into the circumstances of his death.

“Following his passing, the South African Police Service opened an inquest into the circumstances of his death. That inquest is a matter for the South African authorities. The Government of Zambia has had no involvement in that process,” he added.

The Attorney General also explained that on 8th August 2025, the High Court of South Africa ruled that the remains be released to the Zambian State for burial, with the family granted leave to appeal the decision.

However, he said no appeal was lodged within the prescribed timelines.

“No appeal was filed within the time permitted by the rules of the court. The deadline was 30 March 2026. By operation of law, the Zambian Government then moved to reinstate the 8 August judgment,” Mr Kabesha said.

He added that the legal situation shifted when the family obtained a fresh court order in Pretoria.

“The Lungu family approached the High Court in Pretoria and obtained an order that the remains be released to them rather than to the Zambian State, and the remains were handed to the family on the evening of Thursday, 23rd April,” Mr. Kabesha said.

The Attorney General stressed that government continues to respect judicial processes in both jurisdictions.

“Government has respected, and will continue to respect, every court order issued. That is a matter of principle, not convenience,” he said.

He further emphasised that the question of burial arrangements for a former Head of State remains a matter of national significance.

“The question of how a former President is laid to rest is not closed by the latest court order. Dr Lungu served as Head of State, Head of Government, and Commander-in-Chief. The honours due to that office must be properly discharged,” he stated.

Mr Kabesha said government remains open to continued engagement with the bereaved family.

“The burial of a former Head of State was never meant to be a contest, and it need not remain one. Our willingness to engage with the family in good faith remains undiminished,” Mr Kabesha noited.