CELESTINE MUKANDILA SAUS TJERE IS NO LEGAL FRAMEWORK FOR STATE FUNERAL IN ZAMBIA

PF deputy Secretary General for Administration Celestine MUKANDILA says there is no provision in the constitution that requires the president to preside over a state funeral.

"my attention has been drawn to remarks by former Vice President Dr Nevers Sekwila Mumba suggesting that a state funeral must be presided over by the President as a constitutional requirement" Mukandila

He said the statement by Dr. Mumba is is misleading and must be viewed as an unfortunate abuse of the proximity granted to him by President Hakainde Hichilema.

Mr. Mukandila has advised the President to be be cautious of advisers who advance legally incorrect narratives on matters of constitutional interpretation.

"let us be clear: this claim has no basis in the Constitution of Zambia or in any statute.

There is no provision in the Constitution that requires the President to personally preside over a state funeral. In fact, the Constitution recognizes the principle of delegated executive authority" he explained.

He said article 91(2) clearly provides that: "The executive authority of the State vests in the President and, subject to this Constitution, shall be exercised directly by the President or through public officers or other persons appointed by the President.”

He said the meaning of this provision is straightforward: the President may exercise executive authority personally or through designated officials.

He added "even more importantly, state funerals themselves are not provided for in the Constitution or in any specific statute in Zambia. They exist primarily as a matter of state practice, protocol, and executive discretion, rather than as a legally enforceable entitlement".

He said in practice, the declaration of a state funeral is simply a national honour extended by the State to individuals who have rendered distinguished service to the nation. 

Mr. Mukandila says it is typically accompanied by measures such as national mourning, flags flying at half-mast, and military ceremonial honours.

However, he said these arrangements arise from government practice, not from constitutional compulsion.

He said this is precisely why legal commentators have repeatedly called for the enactment of a State Funerals Act to remove the current legal vacuum and clearly define:

• Who qualifies for a state funeral

• The role of the State and the family

• Funeral protocols and procedures

• Burial arrangements for national leaders

Mr. Mukandila said until such legislation exists, it is important that public figures avoid misleading the nation on constitutional matters.

"i therefore urge the President and the Government of the Republic of Zambia to respect the wishes of the family of the late Sixth Republican President, Edgar Chagwa Lungu, particularly with regard to the President’s attendance at the state funeral. In this regard, the President may simply delegate representation, as clearly permitted under the Constitution" Mukandila.

Zambians deserve closure, and the family must be allowed the dignity to conclude the funeral of their loved one.

He said " let us approach this solemn moment with respect, constitutional honesty, and national unity."