The family of former Zambian President Edgar Lungu has won a significant legal victory after South Africa’s Supreme Court of Appeal ruled that his body should remain in South Africa for burial, overturning an earlier High Court decision that allowed the Zambian government to repatriate his remains.
The ruling comes more than a year after Lungu’s death in Pretoria and marks the latest development in a prolonged dispute between his family and the Zambian government over funeral arrangements.
The Zambian government has consistently argued that, as a former head of state, Lungu should receive full state honors and be buried at the presidential burial site in Lusaka alongside his predecessors. However, Lungu’s family has insisted on a private burial, citing the late president’s wishes and disagreements with the government over funeral plans.
The legal battle has been closely linked to the long-standing political rivalry between Lungu and his successor, President Hakainde Hichilema. Following Lungu’s death, family members claimed that the former president did not want Hichilema to attend his funeral or be involved in burial proceedings.
In August last year, South Africa’s High Court in Pretoria ruled in favor of the Zambian government, allowing the repatriation of Lungu’s body and the organization of a state funeral. The decision prompted an appeal by the family.
Earlier this year, the Zambian government announced that Lungu’s remains had been formally transferred to the state. However, hours later, a South African court ordered that the body be returned pending the outcome of further legal proceedings.
Tuesday’s appeal court decision reverses the previous ruling and grants the family the right to bury Lungu in South Africa, where he died at the age of 68 following an undisclosed illness.
Despite the latest judgment, uncertainty remains over whether the dispute has been fully resolved. Attention is now focused on the Zambian government’s next legal and political steps as its legal team reviews the ruling.
Lungu served as Zambia’s president from 2015 to 2021 before being defeated by Hichilema in a closely watched election. Their political rivalry dominated Zambian politics for years and has continued to cast a shadow over events following the former president’s death.