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Saturday, September 13, 2025
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Government urges chiefs to be proactive in fighting child abuse

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Minister of Community Development and Social Services, Doreen Mwamba, has called on traditional leaders in Central Province to work with the government in championing the fight against early marriages and other forms of child abuse.

Ms Mwamba says government will soon look at the possibilities of stiffening the law on child defilement and other vices against children.

The minister made the call in Chisamba when she paid a courtesy call on chiefs Liteta of Chibombo district and Chamuka of Chisamba district.

She has since appealed to the two traditional leaders to be proactive in advocating against all forms of child abuse in their respective chiefdoms.

Ms Mwamba said child defilement can only end when the government and the traditional leaders join hands in addressing the vice.

And Chief Chamuka of the Lenje people in Chisamba and Kabwe districts said his chiefdom will continue playing an active role in the fight against all form of child abuse.

Chief Chamuka said there is need to enact a law that will make sexual abuse against children a non-bailable offence.

Meanwhile, Chief Liteta has attributed the high levels of child abuse in his chiefdom to uncontrollable consumption of alcohol amongst his subjects.

CAF Under 17 players to undergo MRI assessments

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COSAFA says all the players taking part in the football competition at the CAF Under-17 Africa Cup of Nations 2026 | COSAFA Qualifiers in Zimbabwe will undergo Magnetic Resonance Imaging (MRI) assessments to confirm their eligibility to compete.

Zambia is among 12 teams scheduled to participate in the regional competition to be staged in Harare from September 11-20 as teams seek to reach the continental finals that are to be held next year.

The tests are used to ensure the players are within the required birth date range for the competition

Botswana, Comoros, Eswatini and Zimbabwe were all excluded from the competition in 2020 after one or more players failed a Magnetic Resonance Imaging (MRI) assessment.

According to COSAFA, sports physician Dr Thulani Ngwenya says these tests are aimed at making sport fair and to be played on a level field.

“MRI is a FIFA-approved method used to determine eligibility to play in the Under-17 age group,” Dr Ngwenya said.

“The images are taken on the non-dominant wrist, which is usually the left hand. The image takes about nine ‘slices’ of the growth plate. There are different stages of grading the growth plate, from 1 to 6. Grade 6 is the last stage where the growth plate is completely fused,” he said.

“For the purpose of Under-17 tournaments, everyone who is a Grade 6 is therefore deemed ineligible to participate in this age group category. The Confederation of African Football introduced this method to make our sport fair and a level playing field.”

Lungu Burial Saga Exposes Zambia’s Legal Vacuum

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Opinion: Lungu Burial Saga Exposes Zambia’s Legal Vacuum

By Oliver Jangulo

The Pretoria High Court’s handling of the Edgar Lungu dispute has stripped bare an uncomfortable truth: Zambia has no law that regulates the burial of former presidents. We are witnessing not simply a family-versus-state quarrel, but a constitutional void that risks repeating itself with every presidential death.

Advocate Tembeka Ngcukaitobi’s argument — that “you cannot reinstate rights on a corpse” — spoke directly to the limits of the Benefits of Former Presidents Act. That Act governs pensions and allowances, not funerals. Edgar Lungu lost his benefits the moment he returned to politics in 2023. On this, there is little debate.

The government has shifted its weight to presidential immunity, claiming it provides the basis for state control over funeral arrangements. Yet immunity is no safe harbour: it can be stripped by Parliament, and many in Lusaka believed Lungu was already on the verge of losing it. To rest the government’s claim on immunity alone is therefore a fragile strategy.

The Pretoria court adds another twist: Zambian statutes do not apply in South Africa. Judges there are instead guided by international principles of dignity and comity. That is why earlier they sided with the government’s request for repatriation, but yesterday’s session showed just how uncertain that reasoning remains.

Other countries have faced similar dilemmas, but some have handled them better. Tanzania has a clear statute that respects both state ceremony and family wishes. Zimbabwe has no such law, and the chaos around Robert Mugabe’s burial in 2019 was the result. South Africa, in Mandela’s case, struck a balance by granting the family the final burial choice while still giving the nation its full state funeral.

Zambia, by contrast, continues to stumble forward without codification. Kenneth Kaunda’s family backed away from litigation in 2021; otherwise, the courts might have faced the same quagmire we now see with Lungu.

And that is the lesson. Whichever way the Pretoria bench rules, one side will feel robbed  the government of its protocol, or the family of its rights as kin. A judgment may settle the immediate matter but not the underlying problem. The best solution lies in compromise and reform. Out-of-court dialogue could both preserve Embassy Park’s dignity and acknowledge the family’s claim. And in the longer term, Parliament must legislate clear rules, so no future president’s funeral becomes a courtroom drama.

This saga is not only about Edgar Lungu. It is about how Zambia chooses to honour the presidency itself  with clarity, respect, and law, not uncertainty and strife.

HH opens first artisanal mining conference, urges legal trade

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President Hakainde Hichilema has underscored the importance of legal, safe, and structured mining in driving Zambia’s economic growth, as he officially opened the country’s first-ever Artisanal and Small-Scale Mining (ASM) Conference in Lusaka. Addressing delegates yesterday, the Head of State emphasised that artisanal and small-scale miners must transition into formalised operations to contribute meaningfully to job creation, business opportunities, and treasury revenues.

Hichilema described the conference as a landmark moment for Zambia’s mining industry, noting that artisanal mining had long been sidelined in policy discussions despite its vast potential. “Zambia is endowed with various minerals of high economic value, and these minerals should be legally exploited by our citizens and sold to formal, structured markets. There must be no substitute to this methodical way of doing things in every sector,” he said.

The President insisted that mining, which remains the backbone of Zambia’s economy, must be practised under the pillars of legality, safety, formal trade, and security. He stressed that the government will not tolerate lawlessness in mining areas, warning that no site should be allowed to become a breeding ground for violence. “This government will not allow any mining area to become a violent spot,” he declared, drawing applause from participants.

Hichilema also highlighted the need for efficiency and transparency in the licensing regime for artisanal and small-scale miners. He said corruption in the issuance of mining licences had undermined growth in the sector for too long, and pledged that his administration would ensure fairness and accountability. “There must be an efficient system, devoid of any corruption, in the issuance of licences to artisanal and small-scale miners across the country,” he emphasised.

The President linked the theme of the conference to his government’s broader economic transformation agenda, which seeks to diversify mining while ensuring that benefits reach ordinary citizens. He said that by formalising artisanal mining, Zambia could unlock additional revenue streams, reduce illegal exports, and integrate small miners into global value chains.

Industry experts welcomed the President’s message, noting that artisanal and small-scale mining contributes significantly to employment in rural areas but often operates informally, leading to unsafe practices and loss of revenue. According to the Ministry of Mines, more than 500,000 Zambians are engaged in ASM activities, mostly in gold and gemstone mining, yet only a fraction are registered or licensed.

Hichilema said this was precisely why the conference was important, as it brought together stakeholders to chart a new course for ASM. He urged participants to use the platform to share ideas on how to professionalise the sector while ensuring environmental sustainability. “We are determined and committed to making lives better, so let’s all get involved,” he said.

The government’s stance has been applauded by civil society organisations, who have long argued that artisanal miners deserve recognition and support. They note that without proper training, access to finance, and legal protection, many miners remain vulnerable to exploitation by middlemen. Formalisation, they argue, would help miners access structured markets, improve safety standards, and reduce the risks of child labour and environmental degradation.

Economists say the move is also timely given global demand for critical minerals such as cobalt, manganese, and copper, which are abundant in Zambia. Artisanal miners are often the first to access deposits but lack the capacity to market their output competitively. By integrating them into formal supply chains, Zambia stands to expand its mineral exports while creating inclusive economic growth.

Hichilema’s remarks also addressed the social dimension of artisanal mining. He cautioned against violence and unsafe practices that have in the past led to fatalities in informal mines. “Mining must never cost us lives unnecessarily. Safety is not optional, it is mandatory,” he said.

As the conference drew to a close, participants pledged to collaborate on strategies for formalisation, including simplifying licensing procedures, providing technical training, and establishing mineral buying centres. The President’s intervention was widely viewed as a signal of government’s intent to reshape artisanal mining into a structured driver of development.

“May God bless our country,” Hichilema concluded, reaffirming his administration’s commitment to inclusive growth and responsible governance.

Legal Wrangling Over Lungu’s Final Resting Place Deepens Divisions

Legal Wrangling Over Lungu’s Final Resting Place Deepens Divisions

By Lusaka Times Observer

PRETORIA/LUSAKA — The deeply personal question of where former President Edgar Lungu should be buried has landed back in a Pretoria courtroom, where lawyers yesterday sparred over family wishes and state protocol, leaving the issue more tangled than ever.

The Gauteng High Court had already ruled that his body be sent home to Zambia for a state-assisted funeral, but the latest hearing revealed just how raw the feelings are on both sides. The Lungu family’s legal team, which includes prominent South African lawyer Advocate Tembeka Ngcukaitobi, argued passionately for the privacy of earlier burial arrangements made by the former president himself. Meanwhile, lawyers for the state insisted that honouring a former head of state is a national matter, not a private family affair.

At the heart of the confusion is a glaring gap in Zambia’s laws. The often-mentioned 1993 Benefits of Former Presidents Act is silent on funerals, dealing only with pensions. This legal vacuum has forced the courts to step into a deeply political and emotional dispute.

The state’s counsel pressed the point that the presidency is bigger than any one person. They argued that the ceremonial send-off for a leader is a duty of the nation, warning that letting a family’s private plans override this would “strip the office of its dignity.”

On the other side, the family’s lawyers, led by Ngcukaitobi, countered that the state cannot simply steamroll the clearly stated wishes of a man and his kin. They framed it as a fundamental matter of family rights being trampled by government overreach.

Complicating the state’s argument is its reliance on Lungu’s presidential immunity. That shield was looking increasingly shaky before his death, with loud calls in Lusaka for Parliament to revoke it, making it a fragile foundation for the government’s case.

A further twist is that a South African court isn’t bound by Zambian law. The judges in Pretoria are weighing principles of international diplomacy and respect between nations, not statutes from Lusaka.

No matter the verdict, someone will leave feeling wronged. A win for the state will leave the Lungu family feeling their rights were disregarded. A win for the family will be seen by the government as a slight against the sanctity of Embassy Park, the official burial ground for Zambia’s presidents.

This is a painful replay of history we’ve seen before. The Kaunda family was overruled for Embassy Park, while Mugabe’s family in Zimbabwe won their fight for a private burial. Tanzania, wisely, passed a clear law to avoid these exact fights.

Many are now wondering if more courtroom battles are the answer. A compromise, forged through quiet dialogue rather than loud legal arguments, might be the only way to truly honour both the man and the office he held. It could find a way to respect the symbolism of a national site while granting the family the dignity of choice.

Until that middle ground is found, President Lungu’s body remains in limbo—a stark and sad symbol of a nation that never got around to making a simple law for saying a proper, and definitive, goodbye to its leaders.

Central Province Farmers Decry Late Fertiliser Delivery

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Small-scale farmers in Central Province have accused government of failing to deliver fertiliser on time, warning that another season of delays could devastate yields and deepen food insecurity. Speaking to News Diggers, farmers in Kapiri Mposhi and Serenje districts said they had yet to receive full allocations under the Farmer Input Support Programme (FISP), despite assurances that distribution would be completed before the rains.

Farmer leader Joseph Mwape said inputs often arrive months late, forcing farmers to plant without fertiliser or resort to buying at inflated market prices. “We cannot continue gambling with agriculture. Every season we are told distribution will improve, but on the ground nothing changes,” he lamented.

The Ministry of Agriculture has blamed logistical bottlenecks and foreign exchange shortages for the delays. Officials explained that importing fertiliser has become more difficult due to global supply disruptions and the depreciation of the kwacha.

Opposition leaders seized on the complaints, accusing government of mishandling agriculture — a sector that employs the majority of Zambians. They argued that repeated fertiliser delays contradict campaign promises of supporting farmers and boosting food security.

Agricultural experts warn that unless input distribution is streamlined, Zambia risks losing its comparative advantage in maize production. They argue that smallholders cannot continue absorbing the burden of systemic inefficiencies.

Civil society organisations have called for reforms in FISP, suggesting direct cash transfers to farmers to buy inputs from local suppliers, rather than relying on centralised procurement prone to corruption and delays.

For now, farmers say they feel abandoned, with one describing the programme as “politics with fertiliser” rather than genuine support.

Civil servants warn of strike over salary delays.

The Civil Servants and Allied Workers Union of Zambia (CSAWUZ) has threatened to call a strike if government fails to resolve persistent salary delays affecting thousands of public workers. The union says delays of up to two weeks have become common in recent months, leaving employees struggling to meet basic obligations such as rent and school fees.

Union president Davy Chiyobe said the problem has been worsening despite repeated assurances from the Ministry of Finance. “Our members are not begging; they are demanding what they have worked for. Salaries are a contractual right. Every delay is a breach of trust,” Chiyobe declared.

Civil servants across ministries reported borrowing heavily from informal lenders to survive, often at exorbitant interest rates. Teachers and health workers said morale was plummeting, with some threatening to abandon their posts if payments are not regularised.

The Ministry of Finance attributes the delays to “technical adjustments” in the payroll system linked to new reforms. Officials insist salaries are being paid within the month, though sometimes later than expected. But unions dismiss this as inadequate, arguing that consistency is essential for workers’ financial stability.

CSAWUZ has given government a two-week ultimatum, failing which it will mobilise members for industrial action. The union is also consulting with other public sector unions to mount a coordinated response.

Labour analysts warn that a strike by civil servants would cripple public services, especially in health and education. They argue that government must act quickly to restore trust, even if it requires short-term borrowing to stabilise the payroll.

With elections approaching in 2026, salary issues could become a flashpoint, as public sector workers represent a key voting bloc. For now, tensions remain high as unions prepare for possible confrontation.

Abduction Case Trial Against Sun Pharmaceuticals Directors Postponed To A Later Date

Abduction Case Trial Against Sun Pharmaceuticals Directors Postponed to a Later Date

Lusaka — 9th September 2025

The matter in which Sun Pharmaceuticals Directors have sued the Attorney General together with five others, which was scheduled to come up on 15th September 2025 before the Lusaka High Court, has been postponed.

Vinod and Uddit Sadhu have sued Rashid Munali, Malambo (a police officer), Mwila Chintu, Bernard Phiri (a police officer based in Sesheke at the time), and Mweemba (a police officer).

The Sadhus were abducted on 29th September 2022 by persons claiming to be police officers and identified as some UPND members, and were held incommunicado for twenty-four (24) hours.

They were held for many hours at an unknown location, later identified as Plot No. 39, Lufubu Road, Kalundu, Lusaka.

They were threatened, forced to sign documents, and directed to surrender their shareholding in Sun Pharmaceuticals, a company they have owned since 1991.

They later managed to make a phone call for outside help, a matter that alarmed the abductors, and they were forcibly taken to Chelston Police Station.

The abductors continued to demand that the Sadhus sign the documents, which would be the basis for their release.

The matter is before Judge Hon. Mrs. Justice Conceptor Chinyanwa Zulu.

Kabuswe urges mining companies to partner with small-scale miners

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Minister of Mines and Minerals Development, Paul Kabuswe, has called on big mining companies in the country to partner with licensed small-scale miners and engage them to source minerals on their behalf.

Mr Kabuswe said this would not only benefit both parties but would also ease the process of formalisation of artisanal and small-scale mining for the government.

He explained that through partnerships with established companies, small scale miners will have access to capital and resources such as equipment.

The minister was speaking during the Inaugural Artisanal and Small-Scale Mining Conference held in Lusaka under the theme “Unlocking AS Potential for Inclusive and Sustainable Development.”

Mr Kabuswe stated that the artisanal and small-scale mining sector has great potential to provide thousands of jobs, adding that the government therefore is focused on ensuring that this is actualised.

He also clarified that the government’s efforts to formalise the sector are not meant to stop small scale mining but rather protect those involved from exploitation, accidents as well as ensure economic benefits at both individual and national level are derived.

“We are not stopping you from mining. All we want is for you to mine safely, legally, formally and with security. We want to make sure that when you mine, you sell at the right price, ” Mr Kabuswe explained.

The Ministry of Mines and Minerals Development has, to date, issued a total of 1,488 licenses to artisanal and small-scale miners in the country.

And Ministry of Mines and Minerals Development Permanent Secretary, Hapenga Kabeta, said his ministry has put in place various interventions to formalise artisanal and small-scale mining, among them, facilitating the formation of cooperatives as well as issuance of licenses.

Dr Kabeta has however bemoaned the low productivity in the sector, attributing it to widespread informality.

“The subsector has the potential to contribute more than 10 percent of the mining GDP if properly harnessed. The taxation regime for artisanal and small-scale mining has been simplified but the contribution to tax revenue remains negligible,” he said.

Speaking at the same meeting, United Nations Development Programme (UNDP) Resident Representative, James Wakiaga, acknowledged the government’s efforts to empower artisanal and small-scale miners through the formalisation agenda.

Dr Wakiaga indicated that Zambia is leading the way on the African continent in developing the artisanal and small-scale mining sector.

Meanwhile, Association of Women in Mining president, Namakau Kaingu, said the association is aware of the benefits of formalising the sector, further pledging support to the process.

Ms Kaingu explained that the association has so far created over 50 cooperatives through outreach activities in rural communities.

IMF notes Zambia’s economic recovery strides

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The International Monetary Fund (IMF) says the Zambian government has made significant strides in the country’s economic growth agenda through a number of policy reforms.

IMF Resident Representative for Zambia, Eric Lautier, says over the past three years, the government has achieved the restoration of fiscal and debt sustainability.

Speaking during the ZNBC Sunday Interview night, Mr Lautier referred to the deficit before 2021, which was averaged in double digit as some of the reasons for borrowing heavily during that period.

Mr Lautier explained that with a 12 percent of overall fiscal deficit every year from 2018 to 2021, the country was always accumulating debt piles, a situation he said was unsustainable.

He however commended the government that it has, since 2021, introduced progressive reforms resulting in disciplined and better targeted spending, while social spending has remained protected.

He added that there is remarkable reallocation from ineffective spending to more targeted and effective spending, citing the health and education sectors where the country has witnessed massive recruitment that is helping to build the human capital.

In terms of debt restructuring, Mr Lautier commended Zambia for attaining about 94 percent debt under restructuring parameters that has been restructured.

“Since the programme began, the overall fiscal balance improved sharply, we had a 5.4 deficit in 2022, 4.5 percent in 2023 which was further narrowed to below two percent in 2024,” he said.

He further highlighted the positive reforms in the agriculture sector that are ensuring high productivity as farmers are getting access to finance to invest in their farms.

Mr Lautier cited the e-voucher as a game changer in the distribution of inputs and also the participation of the private sector in agribusiness.

And Mr Lautier said social spending should be coupled with reforms that focus on sectors that create jobs through tackling the structural barriers that keep small firms in the informal sector and give them incentives to formalise.

He however bemoaned the low rate of access to financing for SMEs, noting the need to improve the financial market infrastructure by modernising the credit information system.

He added that there is need to make formalisation of small businesses attractive by providing favourable incentives for SMEs such as simplifying tax policies, and licensing, which are adequate for development to SMEs.

And a Lusaka –based economist, Kelvin Chisanga, has supported the views of the IMF, stating that Zambia’s economy is on the recovery track due to pursuit in macroeconomic environment, with 2025 growth expected to be between 5.8 and 6.2 percent.

Mr Chisanga added that the budget reform is showing high credibility which is essential to ensuring value for money in public investment.

“IMF iodised debts for Zambia. At the point when we were not credible to sit with creditors, IMF fostered that balance,” he said.

He indicated that social inclusion and transparency must guide Zambia’s next phase of reforms.

Mbala General Hospital removes 6.5kg tumor from woman

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A team of surgeons from the Mbala General Hospital has successfully removed a 6.5 kg tumor from a 27-year-old woman.

This is the second successful surgery the hospital has conducted in about three weeks after undertaking another operation on another woman last month.

Mbala General Hospital Medical Superintendent, Bornface Chisenga disclosed that the team managed to undertake a successful major surgery on the patient during which a mass weighing 6.5 kilograms was removed from her stomach.

Dr Chisenga, who is also an Obstetrics and Gynaecology Specialist ,explained that the patient who was from Lusaka, went to Mbala to seek traditional treatment, and later decided to go to the hospital, to also seek cervical cancer services.

He further said after counselling, the patient did some check-ups and agreed to undergo treatment at the hospital, through which doctors managed to successfully conduct an operation on her.

Meanwhile, Dr Chisenga has appealed to traditional healers in the district, to encourage and refer their clients to health facilities whenever they encounter cases that are beyond their capability.

Dr Chisenga, who was the leading surgeon during the operation, made the call after successfully operating on the patient who had been battling with the condition for over a year while seeking help from traditional healers.

“This case is a clear example that help is available at our hospital if patients seek medical advice on time. I therefore urge traditional healers to play a critical role by directing their clients to the hospital when they feel the condition is beyond them,” Dr Chisenga said.

He has further appealed to the residents not to delay seeking medical services, stressing that timely intervention can save lives.

Zambia to host Industrial Skills Week Africa

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Zambia is hosting the first ever Industrial Skills Week Africa (ISWA) which is anchored on aligning skills of Africa’s industrial transformation.

Over 500 delegates from 13 countries on the African continent are expected to attend the event, which will run from September 9-10, 2025 at Mulungushi International Conference Centre in Lusaka.

Speaking ahead of the event, Minister of Technology and Science, Felix Mutati, said Zambia will use the opportunity to learn best practices surrounding skills in industries.

Mr Mutati said ISWA reinforces the continent’s commitment to building a competitive, future-ready workforce in line with Zambia’s Eighth National Development Plan (8NDP) and Agenda 2063.

He however, called for a funding mechanism that will match with the desired skills for people working in industries.

And AUDA Director, Symerre Grey-Johnson, disclosed that the event will serve as a continental platform to accelerate dialogue, partnerships and action around the role of skills in powering Africa’s industrial transformation.

Mr Grey-Johnson said equipping Africa’s workforce with the skills is needed in order to drive sustainable industrial growth.

He called on countries on the African continent to prioritise skills development.

The event which will be held under the theme, “Powering Africa’s Industrial Future: Skills for Innovation, Growth, and Sustainability,” is organized by African Union Development Agency-NEPAD (AUDA-NEPAD) in partnership with the Zambian Government.

The event seeks to mobilize stakeholders across sectors, to align Technical and Vocational Education and Training (TVET) with Africa’s evolving industrial needs.

The Ministry of Technology and Science, through its implementation agency, Technical Education, Vocational and Entrepreneurship Training (TEVET), is playing a central role in convening stakeholders across the TVET ecosystem, such as industry leaders, government departments, youth networks, and training institutions to showcase their potential at the event.

The two-day event will showcase innovations linking TVET to employment and entrepreneurship, promote labour market intelligence and future skills forecasting, foster youth and women’s participation in industrial transformation as well as elevate Zambia’s leadership in demand-driven for youth-led -skills.

“Whose Body Is It?”: Clash Between State Power and Widow’s Rights

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“Whose Body Is It?”: Clash Between State Power and Widow’s Rights
By Guest Contributor – Musadabwe Ngoma
Published: September 8, 2025
When former President Edgar Chagwa Lungu passed away, many hoped the country would unite in mourning. Instead, his death has triggered an unprecedented legal standoff, not in Zambia, but in South Africa, where his widow, Mrs. Esther Lungu, is fighting to keep his body from being repatriated against her will.

At the center of this deeply emotional and highly legal battle lies a question few expected to confront, Can the Zambian state demand the return of a body for a state funeral, even when the family refuses?

A Legal Case Built on Symbolism, Not Law

Contrary to what many assume, there is no Zambian law that governs the burial of a late president. No clause in the Constitution. No statute in the books. What exists is simply a gentleman’s offer, a political courtesy extended by the state to the family of a deceased leader.

In other words, it is not mandatory for a former head of state to receive a state funeral. It is not enforceable. It can be offered, but also declined.

This detail changes everything. The Zambian government is not standing on the firm ground of law, but on the shifting sands of tradition, and trying to impose that tradition inside the courtroom of another sovereign nation.

A Dispute with International and Constitutional Consequences

In the Pretoria High Court, the Zambian state argues that it has a right to repatriate the late President’s body based on a signed agreement, referred to as FAA 7, between itself and some family members. The state says this agreement grants them authority to organise a state funeral.

But Mrs. Lungu, his widow, has pushed back, stating that the agreement is not binding, and more importantly, contradicts her rights under South African law and constitution, where she lives and where the deceased’s body lies.

Her legal team makes two key points:

  1. Under South African law, a corpse cannot be contracted over, human remains are not property, and are protected by dignity and family rights.

  2. The South African Constitution guarantees everyone on its soil, including foreigners, rights to dignity, family integrity, and privacy, rights which Mrs. Lungu asserts are being violated by the attempt to override her wishes.

The Zambian Government’s Argument, A Matter of Legacy

The state, however, frames the issue as one of national importance. They argue that President Lungu was not just a private citizen, but a national figure, and that it is in the public interest to honour him with a state funeral in Lusaka.

They lean heavily on the existence of FAA 7, and cite a South African court precedent (Sengadi v. Tsambo) which allowed the state to take over funeral arrangements for a public figure, even against parts of the family’s wishes.

But this is where things get murky. The South African case involved intra-family conflict, not a foreign state attempting to override a widow’s rights inside South Africa. And unlike Zambia, South Africa does have clear constitutional protections in place.

So… Who Decides?

The broader question is no longer just legal. It’s philosophical.

Who decides what happens to the body of a national leader?
Is it the family, who loved and lived with him?
Is it the state, which he once served?
Or is it something we must now define through international legal precedent?

What’s clear is that if Zambia has no law mandating state funerals, then the government’s demands are based not on legal rights, but on symbolic expectations. And when those expectations clash with a widow’s constitutional rights in another country, the law must favour the living over the ceremonial.

Final Thought, Justice Must Be Human, and Honest

As this case moves toward a likely hearing at the Supreme Court of Appeal, one thing must be made clear, Zambia has no binding law that mandates how a former president should be buried. There is no statute, no clause in the Constitution, no Act of Parliament that enforces a state funeral upon a family’s wishes. What exists, at best, is a gentleman’s understanding, a political offer, not a legal obligation. An offer that, like any offer, can be accepted or declined.

And yet, a widow now stands in a foreign court, fighting to decline what should never have been forced upon her in the first place.

This changes the dynamics of the entire dispute. The government is not invoking law, it’s invoking precedent dressed as entitlement. But tradition cannot override rights, and ceremony cannot outweigh the Constitution. Not in South Africa. Not anywhere.

This isn’t a legal standoff. It’s a human one. It’s about who we honour more, the legacy of a statesman, or the love of the one who knew him best.

May the courts remember, the dead do not belong to governments.
And dignity, in death, should not require litigation.


For publication inquiries, contact editor-at-lusakatimes.com or social-at-lusakatimes.com

Widow Challenges State Over Burial Rights in South African Court

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Widow Challenges State Over Burial Rights in South African Court

By Court Reporter, Pretoria | 8 September 2025

In a case with far-reaching legal and political implications, the widow of Zambia’s former president Edgar Chagwa Lungu has mounted a constitutional challenge against the Zambian government’s attempt to repatriate his body for a state funeral. The matter is before the Pretoria High Court in South Africa, where the late president died on 5 June.

Though Ms. Esther Lungu, the widow of the late president, was absent from the courtroom, her presence was felt in every submission made by her legal counsel. Advocate Tembeka Ngcukaitobi SC, representing the Lungu family, anchored his arguments on one principle: a corpse is not property, and cannot be subject to a contract.

“You don’t contract over human remains,” Ngcukaitobi told the bench. “A corpse is dead, it’s not a property. It cannot be contracted over.” This principle, he explained, is not just rooted in moral sentiment, but firmly established in Roman Dutch law, South Africa’s legal foundation, which classifies a corpse as res extra commercium — a thing outside commercial transaction.

The dispute arises from a full bench ruling by the Gauteng High Court, which found in favour of the Zambian government, affirming its right to repatriate Lungu’s remains for a state funeral. The court also found that a binding agreement existed between the Lungu family and the government, outlining the late president’s final resting place.

But counsel for the family has now filed for Leave to Appeal to the Supreme Court of Appeal, challenging the High Court’s findings. Their argument is straightforward: burial decisions are governed not by contract, but by succession law, which places authority in the hands of the widow.

“Basically, the law is this. You don’t contract over human remains,” Ngcukaitobi reiterated in court. “A corpse is dead. It’s not property. It cannot be contracted over. What you do is follow the law of succession. If there’s a will, you follow the will. If there’s no will, the law of intestate succession applies. So, if you are dead and you are a husband, your remaining wife takes the decision. If the wife is also deceased or incapable of taking the decision, the children take the decision. If the children are incapable, the parents take the decision. If the parents are incapable, your siblings take the decision.”

This legal reasoning formed the crux of the family’s case. Under South African law, the right to determine burial lies with the closest surviving relatives in a defined hierarchy, beginning with the spouse.

Acting Judge President Aubrey Ledwaba asked what should happen in a case where the wife and children do not agree, and the deceased died intestate. Ngcukaitobi replied, “Yes, the wife then takes the decision because it’s the first thing. It’s the heir. So the executor will generally follow the will, but the heir will then make a decision because that’s the surviving spouse.”

Judge Ledwaba challenged this interpretation further, questioning how the law would apply in cases involving multiple spouses or children from different relationships. “But in the case of intestate succession,” he said, “the wife is an intestate heir and the children also, depending on the value of the estate. And now, the wife  you may find that it’s a case where the husband may be married to another person and has children with the other spouses. Is it also your submission that they cannot negotiate about the burial if they don’t agree?”

Ngcukaitobi responded, “No, they obviously can negotiate and reach a consensus. But that means they have reached a consensus on what should happen. What is prohibited is contracting over a corpse.”

This exchange underscored the family’s broader argument  that South African constitutional and succession law overrides any extra-legal or political agreement, especially one signed under foreign pressure or outside proper legal channels. He also reminded the court that the South African Constitution applies to all persons within the republic, regardless of nationality, citing precedents like Mohammed v Minister of Defence.

The Zambian government continues to argue that it had reached a valid agreement with the family, and that state protocol entitles the late president to be buried in Zambia. But the family has countered that Zambia has no binding law governing the burial of former heads of state, and that any such arrangements are traditional — not legal — and must be accepted, not enforced.

Ngcukaitobi addressed this directly: “Zambia has no binding statute requiring state funerals for former presidents. At best, it’s a gentleman’s agreement — one which can be accepted or declined. And Ms. Lungu has declined.”

Legal experts say the case could set a precedent for how similar cross-border disputes are resolved when state demands clash with personal and family rights. The principle of lex loci, or “law of the place,” is central here , meaning the law governing the dispute is that of the country where the death occurred. Since Lungu died in South Africa, it is that country’s legal framework that applies.

For now, judgment has been reserved. President Lungu’s body remains in Johannesburg caught between the ceremonial machinery of Lusaka and the personal, constitutional claim of his widow. What the court decides may shape how nations, families, and laws approach one of the most human of questions: who has the final say in death  the state, or the spouse?

This is a developing story.

Chongwe MP warns fake farmers

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Chongwe Member of Parliament Sylvia Masebo has warned residents in the area who are in a habit of falsely declaring that they are farmers to benefit from the Farmer Input Support Programme (FISP) that they risk being arrested.

Ms Masebo notes that some individuals in the area have been pretending to be farmers to access inputs under FISP which they sell to members of the public.

She states that the government has strengthened mechanisms to monitor people who are benefiting from the programme in the district to ensure that only registered farmers benefit.

ZANIS reports that Ms Masebo was speaking when she officially opened the Manyika Baptist Churches Association Conference in Manyika Ward of Chongwe District.

The law maker indicated that the government has formulated stringent measures to ensure that all illegalities related to the implementation of FISP in the district are curbed.

“We have noted as government that there are some individuals who have been masquerading as farmers when they are not and these people have been collecting inputs under FISP which they are selling to the public. Such behavior is unacceptable and illegal. This year, we will monitor beneficiaries of the programme to ensure that they are indeed farmers”, Ms Masebo said.

Ms Masebo called on residents in the area to be vigilant and report any illegalities which they may come across during the implementation of this year’s FISP season.

She stated that the government will continue engaging and empowering farmers with knowledge, skills and resources through various initiatives to enable them to thrive in the face of climate change.

Ms Masebo cited the implementation of the Sustainable Agriculture Financing Facility (SAFF) as being among the initiatives that the government has successfully implemented in the area to sustain farmers during drought.

She also commended farmers in the ward for producing high yields of white maize and selling the crop to the Food Reserve Agency (FRA).

“I would like to thank you for selling your maize to FRA. The maize you are selling to the agency will go a long way in enhancing the country’s food security”, Ms Masebo said.