Lungu's death kicks up a political firestorm
Publish date: 09 June 2025
Issue Number: 1129
Diary: IBA Legalbrief Africa
Category: General
The controversy that has erupted following the death of former Zambian President Edgar Lungu has sparked calls for a forensic investigation amid allegations that the government had delayed his medical treatment as part of state-sponsored persecution of the respected statesman. Lungu's treatment post-retirement at the hands of his political rival President Hakainde Hichilema has also led to calls for Zambia to relook at laws on the benefits and rights of past leaders to ensure fairness, notes Legalbrief. In a Lusaka Times analysis, Mathew Mukuluta writes that Lungu's death should spur legal reform and national reflection. ‘Zambia must craft clearer laws governing how former Presidents are treated if they return to politics. All-or-nothing policies that strip them of critical protections, including healthcare and travel rights, are too blunt and too dangerous. A refined legal framework, one that distinguishes political engagement from vindictive retaliation, is urgently needed. The death of Lungu is a moment of national sorrow, but it is also a moment of national instruction. It teaches us that even in political rivalry, dignity must prevail. That justice must be tempered with compassion. And that legal clarity is not a luxury it is a safeguard for democracy. As Zambia moves forward, may its leaders, on all sides, rise to the occasion. Let this be a chapter not just of grief, but of wisdom. Let the late President's story be the catalyst for a fairer, more humane Zambia. This delicate moment must not spiral into partisan acrimony. The Lungu family, despite their justified grievances, may find healing in allowing the state to facilitate a respectful national farewell. ‘Meanwhile, the government must confront its past actions with humility. A sincere public apology, not for political optics, but for wrongfully restricting Lungu’s fundamental right to medical care, could go a long way in mending national wounds.
Lungu's final days were clouded by political tension, medical struggles, and serious allegations of state-sponsored persecution, reports the Saturday Star. Lungu passed away on Thursday in a South African hospital, where he had been receiving treatment for an undisclosed illness. However, the official silence on the cause of death and mounting accusations from his political allies have sparked a storm of controversy, including claims that the former head of state may have been poisoned to prevent him from contesting the 2026 Presidential elections. Lungu, who served as Zambia’s sixth President from 2015 to 2021, had announced a political comeback in late 2023 after years of relative quiet following his electoral defeat to current Hichilema. But what began as a bid to return to the ballot box quickly turned into a contentious and, some claim, dangerous standoff with the ruling administration. Lungu’s return to politics was met with immediate resistance from the Hichilema-led government. In December 2024, the Constitutional Court ruled that Lungu was ineligible to contest again, arguing that his first, partial term from 2015 to 2016 counted as a full term under Zambia’s constitutional two-term limit. Lungu’s legal team and supporters decried the judgment as politically motivated, pointing to his widespread popularity among grassroots voters and within opposition coalitions as a threat to the ruling United Party for National Development (UPND).
But critics say the court ruling was just the beginning of a broader campaign to shut Lungu out of national politics. Soon after his political re-entry, Lungu was stripped of all retirement benefits typically afforded to former heads of state. The Saturday Star notes these included state-provided security, official transportation, medical support, and diplomatic privileges. The government justified the move by citing a legal provision that bars retired Presidents from engaging in politics if they wish to retain those benefits. While technically legal, the action had far-reaching consequences for Lungu’s safety and well-being. Without state protection, his movements were left exposed. More alarmingly, his access to healthcare, particularly urgent specialist treatment, was severely limited. Sources within the Patriotic Front (PF), Lungu’s party, say repeated requests for travel permits to receive medical care abroad were delayed or denied. ‘When it became clear that he needed to leave for urgent treatment, the government stalled. That decision may have cost him his life.’
Though no forensic evidence has been made public, the PF is calling for an independent international investigation into the circumstances surrounding his death. His daughter, Tasila Lungu-Mwansa, confirmed in a public statement that her father had been unwell for weeks and had travelled to South Africa under medical supervision. However, she also alluded to the family's belief that his condition may have been the result of ‘external interference’ – a veiled reference to suspected foul play. PF leaders have taken a more direct stance. ‘This was not a natural death,’ said Brian Mundubile, a close ally of Lungu. ‘We believe this was orchestrated to eliminate him politically and permanently.’ Beyond the courtroom and hospital bed, Lungu’s daily life was increasingly policed. Police were reportedly stationed outside his home, monitoring his activities and restricting public engagements. Even routine morning jogs and Sunday church services were flagged as political activity and discouraged or blocked by law enforcement. ‘It was humiliation, plain and simple,’ said one family confidant. ‘He was a former President being treated like a common criminal just for exercising and praying.’ According to the Saturday Star, human rights activists and opposition figures have condemned the government's treatment of Lungu as not only unconstitutional but dangerous for Zambia’s democratic fabric. ‘What happened to President Lungu sets a dangerous precedent,' said a representative of the Zambia Human Rights Commission. ‘If a former President can be silenced this way, what protection exists for the ordinary citizen?’
With Lungu’s remains are still in South Africa, a public dispute over repatriation has erupted between the Zambian Government and the late leader’s family. Zambia has declared seven days of national mourning from 8 to 14 June, ordering flags at half-mast and suspending entertainment activities. Yet behind the official solemnity lies a deep political rift, reports The Lusaka Times. Patriotic Front (PF) Secretary General Rafael Nakacinda who is currently in South Africa with the family, contends that only in late 2024, under the watch of a visiting UN rapporteur investigating human rights conditions in Zambia, was he able to discreetly leave for South Africa. Upon arrival, doctors informed him that had he come earlier, his prognosis might have been different. The PF alleges that the Zambian Government’s current posture, leading the repatriation and funeral plans, is disingenuous and politically opportunistic. Nakacinda says the family initially planned to handle the process independently, even financing it through well-wishers, until government Ministers abruptly intervened. 'The family was shocked to find Foreign Affairs Minister Mulambo Haimbe arriving and declaring the body would be taken back the next day, without prior agreement,' Nakacinda said. 'They treated him like an ordinary person in life and now want to treat him like a statesman in death, to cleanse their record.' He insists the family still has unanswered questions and is conducting additional procedures before the remains are returned. A post-mortem has been requested to clarify the exact cause of death, amid speculative reports suggesting the possibility of poisoning an allegation Nakacinda did not confirm but said merited thorough examination.
Lungu was recognised for improving Zambia's international standing, strengthening diplomatic relations with neighbouring countries and beyond, which helped lift Zambia's image on the global stage, reports DW. He focused on diversifying Zambia's economy away from copper dependency, promoting infrastructure development, and improving human security. He also appointed Zambia's first female Vice-President, Inonge Wina, and introduced initiatives such as commuting death sentences and establishing a national day of prayer. However, Lungu's Government frequently used emergency powers to control unrest, such as during riots linked to rumours of ritual killing that sparked xenophobic attacks. Critics accused him of suppressing opposition and curbing freedoms of expression, assembly and the press. Laws like the Cyber Security and Cyber Crimes Act were enacted quickly, raising concerns about restricting online dissent. Media outlets critical of the government were shut down, and activists faced intimidation and arrests. Opposition and human rights groups condemned the use of defamation laws to silence critics and the weakening of police independence. Lungu defended these heavy-handed security tactics, stating he invoked a state of emergency ‘to bring sanity’ to turbulent times. Lungu's invocation of emergency powers was seen by some as authoritarian. Human rights advocates were alarmed when Lung made statements alluding to as much, such as the announcement that he would have to take ‘unprecedented measures, and some people will have to lose their rights. So, if I become a dictator for once, bear with me.’
