STATE TO BURY FORMER PRESIDENTS UNDER NEW LAW

STATE TO BURY FORMER PRESIDENTS UNDER NEW LAW The State will now take responsibility for the burial of former Presidents and Vice-Presidents following the enactment of legislation providing for Government-designated burial sites and State protocols. Prominent lawyer Dickson Jere says the amendment has effectively brought to an end the disputes that have characterised the burial […]

STATE TO BURY FORMER PRESIDENTS UNDER NEW LAW

The State will now take responsibility for the burial of former Presidents and Vice-Presidents following the enactment of legislation providing for Government-designated burial sites and State protocols.

Prominent lawyer Dickson Jere says the amendment has effectively brought to an end the disputes that have characterised the burial of former Presidents, particularly disagreements between Government and bereaved families.

Mr Jere said he raised the issue before a Parliamentary Committee on April 23, 2026, after being invited by the Speaker of the National Assembly to make submissions on the Benefits of Former Presidents and Vice Presidents Bill.

He said his submission was prompted by the omission of specific provisions governing the burial of former Presidents, despite the pending controversy surrounding the remains of former President Edgar Lungu.

“Parliament cannot avoid this subject even when we had a pending case involving former President Edgar Lungu,” Mr Jere said.

He said he had asked Parliament to provide for funeral expenses and designated burial sites for former Heads of State.

According to Mr Jere, the committee supported the proposal and the Bill was subsequently passed into law and assented to by President Hakainde Hichilema.

He quoted Section 8 of the amended law as stating: “A former President and former Vice-President who dies while in, or after vacating, office shall be buried at a burial site designated by the Government within the Republic.”

Mr Jere said the legislation further required funerals to be conducted in accordance with State Protocols, which would need to be developed into detailed written guidelines.

“A funeral of a former President and former Vice-President who dies while in, or after vacating, office shall be conducted in accordance with State Protocols, as may be prescribed,” he said.

He said the need for legislation became apparent following the deaths of Presidents Levy Mwanawasa and Kenneth Kaunda, whose burial arrangements generated different disputes.

Mr Jere said the latest legislation had finally provided a legal framework for such situations.

“I am glad that we have settled this issue of state funeral of former President by way of legislation,” he said.

He added: “No more fights.”

Mr Jere said the law was not retrospective but would guide the burial of future former Presidents.

“So, whoever becomes President, must know that he will be buried as per state protocols,” he said.

Dickson Jere  writes:

State To Bury Former Presidents
By Dickson Jere

On 23rd April, 2026, I appeared before Parliamentary Committee at the invitation of Madam Speaker of the National Assembly. I had earlier expressed my concern over the “omission” in the Bill on how former Presidents should be buried. I made both written and oral submissions on the ‘Benefits of Former Presidents and Vice Presidents Bill” that was before Parliament.

So, my argument was simply that Parliament cannot avoid this subject even when we had a pending case involving former President Edgar Lungu. I urged the legislators to specifically provide for a provision that will take care of the funeral, expenses and burial sites for the former President in that amendment.
The committee did not object to my proposal and in fact liked the idea.

The Bill passed into law and the President, Hakainde Hichilema, has since assented to it and it now law. So, going forward, whoever becomes President will be buried by the State and the designated burial sites. No more fights.

The section reads;
“A former President and former Vice-President who dies while in, or after vacating, office shall be buried at a burial site designated by the Government within the Republic,” section 8 of the amended Act reads.

We will probably need to designate burial site of former Vice Presidents even though those who passed were put to rest at Memorial Park. Maybe the State should buyout that piece of the VVIP section.

The law further reads; “a funeral of a former President and former Vice-President who dies while in, or after vacating, office shall be conducted in accordance with State Protocols, as may be prescribed”.
So, there is need to work out the detailed written guidelines and protocols governing the funerals and other military rituals.

Further, the new law provides the former President and former Vice President’s who shall be provided with funeral benefits.

I am glad that we have settled this issue of state funeral of former President by way of legislation.

The problem actually started in 2008 when we had a sitting President, Levy Mwanawasa,SS, die in office. Without any law or framework, then acting President, Rupiah Banda, conceptualized the Presidential Burial Site at Embassy Park. Mwanawasa had actually a Will in which he indicated that he wanted buried at his private farm in Palabana. The State went against clear written instructions but with consent of family.

Then President Kenneth Kaunda died later. The same became an issue as family wanted him buried at his home in New Kasama while the State insisted on Embassy Park. The matter eventually went to Court and the State won, with the Judge opining that he needed to be buried with all state protocols.

And then President Edgar Lungu died. It has been the longest battle ever. Now Parliament has settled this matter even though it was not backdated (no retrospective application). So, whoever becomes President, must know that he will be buried as per state protocols.

State To Bury Former Presidents
By Dickson Jere

On 23rd April, 2026, I appeared before Parliamentary Committee at the invitation of Madam Speaker of the National Assembly. I had earlier expressed my concern over the “omission” in the Bill on how former Presidents should be buried. I made both written and oral submissions on the ‘Benefits of Former Presidents and Vice Presidents Bill” that was before Parliament.

So, my argument was simply that Parliament cannot avoid this subject even when we had a pending case involving former President Edgar Lungu. I urged the legislators to specifically provide for a provision that will take care of the funeral, expenses and burial sites for the former President in that amendment.
The committee did not object to my proposal and in fact liked the idea.

The Bill passed into law and the President, Hakainde Hichilema, has since assented to it and it now law. So, going forward, whoever becomes President will be buried by the State and the designated burial sites.  No more fights.

The section reads;
“A former President and former Vice-President who dies while in, or after vacating, office shall be buried at a burial site designated by the Government within the Republic,” section  8 of the amended Act reads.

We will probably need to designate burial site of former Vice Presidents even though those who passed were put to rest at Memorial Park. Maybe the State should buyout that piece of the VVIP section.

The law further reads; “a funeral of a former President and former Vice-President who dies while in, or after vacating, office shall be conducted in accordance with State Protocols, as may be prescribed”.
So, there is need to work out the detailed written guidelines and protocols governing the funerals and other military rituals.

Further, the new law provides the former President and former Vice President’s who shall be provided with funeral benefits.

I am glad that we have settled this issue of state funeral of former President by way of legislation.

The problem actually started in 2008 when we had a sitting President, Levy Mwanawasa,SS, die in office. Without any law or framework, then acting President, Rupiah Banda, conceptualized the Presidential Burial Site at Embassy Park. Mwanawasa had actually a Will in which he indicated that he wanted buried at his private farm in Palabana. The State went against clear written instructions but with consent of family.

Then President Kenneth Kaunda died later. The same became an issue as family wanted him buried at his home in New Kasama while the State insisted on Embassy Park. The matter eventually went to Court and the State won, with the Judge opining that he needed to be buried with all state protocols.

And then President Edgar Lungu died. It has been the longest battle ever. Now Parliament has settled this matter even though it was not backdated (no retrospective application). So, whoever becomes President, must know that he will be buried as per state protocols.