Lungu family wins battle to have former Zambian president buried in South Africa

The family of former Zambian president Edgar Lungu has won a decisive court battle over his final resting place after South Africa’s Supreme Court of Appeal ruled that he should be buried in South Africa rather than repatriated to Zambia.

The judgment overturns an earlier High Court ruling that had authorised the Zambian government to take possession of Lungu’s remains and organise a state funeral in his homeland.

Tuesday’s decision brings to an end a prolonged and highly public dispute that unfolded after Lungu’s death and exposed the deep political tensions between his family and the administration of his successor, Hakainde Hichilema.

While the Zambian government expressed disappointment with the outcome, it said it would accept the ruling and would not pursue any further legal action.

Authorities had argued that, as a former head of state, Lungu deserved to be buried in Zambia with full state honours alongside other former presidents at the designated presidential burial site in the capital, Lusaka.

However, his family insisted that his final wishes should be respected and sought a private burial in South Africa after negotiations over funeral arrangements collapsed.

In the judgment, Justice Raylene May Keightley noted that what should have been a process of mourning and closure had instead become a bitter legal confrontation.

“The very ritual intended to bring closure has, instead, pitted family against the state in a hard-fought legal dispute far from the protagonists’ home,” she said.

The dispute intensified last year when the High Court in Pretoria ruled in favour of the Zambian government, allowing the repatriation of the former president’s body.

The decision left members of Lungu’s family visibly distressed, and they immediately lodged an appeal.

In April, confusion deepened when the Zambian government announced that the remains had been formally transferred to the state following a court order.

However, only hours later, another South African court ordered that the body be returned pending the outcome of the appeal proceedings.

Lungu died at the age of 68 at a medical facility in Pretoria after suffering from an undisclosed illness.

His death triggered political controversy in Zambia, with conflicting announcements from the government and the opposition Patriotic Front regarding mourning arrangements.

At one stage, rival mourning programmes were announced and separate condolence books were opened.

Lungu served as Zambia’s president from 2015 until 2021, when he was defeated by Hichilema after years of intense political rivalry.

Relations between the two men remained strained even after Lungu left office.

Following his death, family members revealed that the former president had expressed a desire for Hichilema not to attend his funeral or be involved in arrangements surrounding his burial.

In its ruling, the appeal court said the evidence suggested Lungu felt alienated in his own country and feared he would not receive a dignified farewell if his political rival was present.

The judges noted that Lungu appeared to regard himself as “persona non grata” in Zambia and believed his wishes would not be respected.

The ruling finally ends one of the most extraordinary posthumous legal battles involving a former African head of state and clears the way for Lungu’s burial in South Africa.