Attorney General clarifies Bill 7 status as law, confirms Lungu family granted leave to appeal in South Africa

Thursday, December 25, 2025 – Lusaka, Zambia 

Attorney General of Zambia, Mr. Mulilo D. Kabesha has clarified that the Constitution of Zambia (Amendment) Bill No. 7 of 2025 has ceased to exist as a Bill and is now fully enacted law, reports Francis Lungu.

And Mr. Kabesha has also confirming that the Lungu family has been granted leave to appeal by South Africa’s Supreme Court of Appeal in an ongoing burial dispute involving the late former President Edgar Chagwa Lungu.

In a media statement issued on December 24, 2025, Mr. Kabesha emphasized that once a Bill is assented to by the President, it immediately becomes an Act of Parliament with full legal effect.

He noted that President’s assent on December 18, 2025, transformed the former Bill No. 7 into the Constitution of Zambia (Amendment) Act No. 13 of 2025, which now forms part of the laws of Zambia.

The Attorney General expressed concern that some individuals continue to refer to the law as “Bill 7,” despite its enactment, and warned that such references are legally incorrect and potentially misleading.

He explained that an assented Bill no longer exists in legislative form and must be treated as binding law.

Mr. Kabesha further stated that the amended Constitution now has full legal force and must be read together with the Constitution of Zambia, Chapter 1 of the Laws of Zambia.

He cited Article 79(5) of the Constitution and Section 16 of the Interpretation and General Provisions Act, which provide that amending laws are construed as one with the principal law.

He added that the Ministry of Justice has already engaged the Electoral Commission of Zambia (ECZ) and the Ministry of Local Government and Rural Development to commence the drafting of consequential legislation, including amendments to the Electoral Process Act and relevant subsidiary laws, to operationalise the new constitutional provisions.

The Attorney General urged citizens to read and familiarise themselves with the Constitution and other laws to avoid being misled on matters of legal interpretation.

In a separate but related media statement issued the same day, Mr. Kabesha announced that the Supreme Court of Appeal of South Africa has granted the Lungu family leave to appeal if they wish to proceed with their case.

The appeal follows an application lodged on September 17, 2025, challenging a ruling by the High Court of South Africa that ordered the repatriation of the remains of former President Edgar Lungu to Zambia for a dignified state burial.

The applicants include Esther Lungu, Bertha Lungu, Tasila Lungu, Dalitso Lungu, Chiyeso Lungu, Charles Phiri and Makebi Zulu, with respondents being the Government of the Republic of Zambia, Two Mountains Burial Services (Pty) Limited, and South Africa’s Minister of International Relations and Cooperation.

The granting of leave to appeal means the family may now pursue the matter further before South Africa’s Supreme Court of Appeal should they choose to do so.