Lusaka is a city of whispers. But this week, the whispers have turned into a roar. The body of former president Rupiah Banda, lying in state, became a political football. His family wanted a private burial. The government insisted on a state funeral. The courts were called in. And they failed.
This is not just a family squabble. This is a system failure. Post-colonial Zambia inherited a legal framework from Britain. A framework built on precedent and order. But here, it has become a tool for political point-scoring. The judges dithered. The politicians postured. And the dead president’s family was left in limbo.
Let’s be clear. The row is about more than burial rites. It is about who controls the narrative. President Hakainde Hichilema’s administration wanted a grand send-off. A chance to wrap itself in the flag of unity. But the Banda family saw it as a hijacking. They wanted dignity, not a photo opportunity.
The High Court’s ruling was a masterclass in confusion. They said the body could be released, but also that the state could hold a ceremony. Both sides claimed victory. Neither got closure. This is the hallmark of a legal system that has lost its way. It is reactive, not proactive. It bends to political pressure.
I have covered enough post-colonial states to recognise the pattern. The laws are written in London, but they are applied in Lusaka. The judges are trained in English common law, but they face Zambian realities. The result is a Frankenstein’s monster. A system that can be gamed by those with power.
Look at the opposition. They are gleeful. They see this as proof that Hichilema’s government is incompetent. That they cannot even bury a former president without a crisis. The ruling party counters that it is about respect for the office. But both sides are using the dead for their own ends.
This is dangerous. When the legal system becomes a battleground, trust erodes. The average Zambian sees a farce. They see politicians squabbling over a corpse. They see judges issuing contradictory orders. They see a state that cannot even manage a funeral.
The deeper issue is the failure to decolonise. Zambia gained independence in 1964. But the legal system remains a colonial relic. It was designed for a different society. A different culture. A different time. It does not account for the extended family structures. It does not respect the role of chiefs. It is a straightjacket.
What is the solution? A commission of inquiry is the usual Whitehall answer. But that is not enough. Zambia needs a root-and-branch reform. A new legal framework that blends traditional authority with modern governance. A system that is flexible enough to handle a family dispute over a burial without a national crisis.
Until then, expect more rows. More political games. More dead bodies used as pawns. The post-colonial state is failing. And the dead are paying the price.
