Lusaka, Zambia – June 18, 2025 – By A Correspondent | ZimEye | As the standoff over the repatriation of former President Edgar Chagwa Lungu’s remains continues, UPND consultant and legal expert Mark Simuuwe has issued a stark warning about the legal, health, and diplomatic implications of the Lungu family’s decision to delay bringing the late president’s body back to Zambia. Lungu, Zambia’s sixth president, passed away in South Africa on June 5, 2025, at age 68, and his remains have yet to be repatriated, prompting concerns about the dignity of his burial and potential legal consequences.
In a detailed legal opinion, Simuuwe outlined 13 critical challenges arising from the prolonged delay, urging the Lungu family to allow the state to facilitate a dignified state funeral in consultation with them. The family, led by spokesperson Makebi Zulu, announced on June 18 that they would not repatriate Lungu’s body as planned, citing breaches of an agreement with the government, including unilateral changes to funeral plans and restrictions on public access to the body’s arrival.
Simuuwe warned that the delay could lead to significant legal and practical issues, including:
1. **State Ownership of Remains**: Prolonged delays may prompt laws asserting that a deceased person’s remains belong to the state or local council, limiting family control.
2. **Prohibition on Home Storage**: Zambian law may prohibit keeping a body at home, creating legal risks for the family.
3. **International Law Obligations**: Under international law, a foreign national’s remains must be repatriated to their home country, or the host country—South Africa—may claim the right to bury Lungu’s body.
4. **Health Hazards**: Keeping the body for too long poses health risks to the living, including family members, due to potential decomposition.
5. **Decomposition Risks**: Prolonged storage could lead to decomposition, potentially banning body viewing and restricting last respects, as embalming has limitations.
6. **Aviation and Diplomatic Concerns**: Delaying repatriation may violate international aviation rules, resulting in undignified transport arrangements. Simuuwe noted that military aircraft, possibly South African or Zambian, might be required, recalling the French military’s role in repatriating President Levy Mwanawasa’s body in 2008.
7. **Government’s Obligation**: The Zambian government is legally obliged to finance the repatriation and accord Lungu a state and military funeral, which it has committed to doing.
Simuuwe also addressed the political dimensions, appealing to the family to distance themselves from politicians like Makebi Zulu, Given Lubinda, and Raphael Nakacinda, whom he accused of pursuing political goals that undermine a dignified burial. “Keeping away politicians with political agendas will help the family bury their beloved one with dignity,” he said.
He further urged the family to find solace in faith, noting, “There is hope beyond the grave for those who believe in Jesus; life must continue.” Simuuwe praised the government and President Hakainde Hichilema for fulfilling their responsibilities, including offering to cover Lungu’s medical expenses in South Africa—an offer the family declined—and sending a high-powered delegation to expedite the process.
Simuuwe cautioned that prolonged delays risk normalizing the situation, potentially diminishing the significance of Lungu’s burial. “We are heading to a time when citizens return to daily activities, and the body’s arrival may feel as though nothing happened, which is not befitting a former head of state,” he said.
He also warned of legal repercussions for opposition members breaking laws online, which could lead to arrests. “This can be avoided by uniting, as President Hichilema has guided, and allowing the state to handle the funeral in consultation with the family,” Simuuwe said, emphasizing that individuals acting irresponsibly will face consequences without support.
The government, through Secretary to the Cabinet Patrick Kangwa, reiterated its commitment to a dignified funeral, denying claims of obstructing the process. Constitutional lawyer John Sangwa called for legislation to clarify funeral protocols for former presidents, stressing respect for family wishes.
As Zambia awaits resolution, Simuuwe’s warnings underscore the urgency of repatriating Lungu’s remains to ensure a dignified farewell. “We must move on as a country, but continue to appeal to the family to allow this phase to lapse,” he concluded.