25/06/2025
By Mr.Bemba
Public Order Needs a Diaper Change!
What we are witnessing in the current legal standoff between the Government and the family of our late former President is more than just a clash of interest—it's a wake-up call for Zambia. It's time we face a glaring reality: our laws are riddled with grey areas, especially when it comes to matters of national importance like state funerals and the rights of former heads of state.
The ongoing situation underscores the urgent need for national dialogue and legislative reform. While it’s deeply saddening that we’re having this conversation in the context of mourning, it’s also a necessary moment to reflect on our legal framework—and where it’s failing us.
Under common law, the state can regulate public events such as funerals and national commemorations to preserve public order and uphold national dignity. However, in the current case, there’s a clear conflict between public interest (represented by the state) and private, family interests (represented by the late President’s family). This creates tension, legal ambiguity, and polarized public opinion.
At the heart of this conflict is the Benefits of Former Presidents Act (Chapter 15 of the Laws of Zambia). According to Section 6, if a former President dies while in or after leaving office, his spouse and children under the age of 21 are entitled to a tax-free monthly pension and several other benefits. These include:
Three state-provided vehicles (only one for the surviving spouse)
Three drivers (only one for the spouse)
Three domestic staff (adjustable by Cabinet)
A furnished home in a location of the President’s choosing, owned outright
One annual return air ticket for the President and spouse
Full medical insurance
Diplomatic passports for both President and Spouse
However, it is public knowledge that the late President Edgar Lungu was stripped of these benefits after returning to active politics, which is clearly prohibited under the same law. Once a former President resumes political life, they lose the privileges associated with retirement. That’s the law.
So, the question we must ask is: Can one reject the state’s support while alive and still expect state honors in death? Therein lies the legal and moral dilemma.
This issue is not just about one man. It’s about the rule of law, consistency, and clarity in governance. Our Constitution and supporting legislation must be robust enough to address such scenarios without confusion or political manipulation.
I call on lawmakers, civil society, legal minds, and every concerned citizen to rally around the need for legal reform. Let’s close these legal gaps before they widen further and erode public confidence in our democracy.
Let’s restore public order—not just in policy, but in principle.
God Bless Zambia.
National Assembly of Zambia
Law Association of Zambia
Kondwani Sauzande Banda
