Pretoria, South Africa – The Zambian government has successfully won its court application to repatriate the body of former president Edgar Lungu for a state funeral and burial in his home country.
The ruling, delivered by the High Court in Pretoria on Friday, brings a close to a deeply contentious and emotional dispute between Lungu's family and the current Zambian administration.
The former Zambian president passed away in a South African hospital in June at the age of 68. The subsequent disagreement over his final resting place has been a focal point of public and political discourse.
The family’s attempt to hold a private funeral for the former leader in Gauteng was dramatically halted at the eleventh hour after the Zambian government sought an urgent court interdict. In a ruling delivered as Lungu's widow, Esther, and other mourners were already gathered in a church, a High Court judge ordered that the family "undertake not to proceed with the funeral or burial of the late president" pending a final decision.
In his final ruling, Acting Judge President Aubrey Ledwaba was decisive. "It is ordered that the applicant is entitled to repatriate the body of the late President Edgar Lungu for a state funeral and burial thereafter in Lusaka, in the Republic of Zambia," he declared.
The court order further authorized and ordered the eighth respondent (the funeral parlour) to "immediately surrender the body of the late President Lungu to a representative of the Zambian High Court" upon service of the order by the sheriff.
"If you go to Zambia, they call him father of the nation. If you are the father of the nation, you can't restrict yourself to your immediate family. The man belonged to the nation, and so he is going to be buried in Zambia," Kabesha explained. "We appreciate the judgment of the court. It is a sound judgment."
While Kabesha could not yet comment on the specific logistical steps for the repatriation and state funeral, the court's decision now clears the path for the former president's body to be returned to Zambia, where he will be laid to rest as a former head of state.
The former Zambian president passed away in a South African hospital in June at the age of 68. The subsequent disagreement over his final resting place has been a focal point of public and political discourse.
Family's Wish for South African Burial Overruled
Edgar Lungu's family had expressed a desire to bury him in South Africa, a wish they claimed was rooted in the late president's alleged desire not to have the current Zambian president, Hakainde Hichilema, preside over his funeral. This stance led to a standoff, with the family refusing to release Lungu's body to the South African military for repatriation nearly two weeks after his death was announced.![]() |
President Edgar Lungu to be Buried in Lusaka |
Court's Decision and Rationale
During court proceedings on Monday, lawyers representing the Zambian government argued that Lungu's family had failed to provide sufficient evidence to demonstrate that it was the late president's final wish to be buried in South Africa. They also highlighted an earlier agreement between the two parties, where a compromise had reportedly been reached regarding President Hichilema's role at the state funeral, an agreement the family later reneged on.In his final ruling, Acting Judge President Aubrey Ledwaba was decisive. "It is ordered that the applicant is entitled to repatriate the body of the late President Edgar Lungu for a state funeral and burial thereafter in Lusaka, in the Republic of Zambia," he declared.
The court order further authorized and ordered the eighth respondent (the funeral parlour) to "immediately surrender the body of the late President Lungu to a representative of the Zambian High Court" upon service of the order by the sheriff.
"The Man Belonged to the Nation": Zambian Government Reacts
Reacting to the ruling, Zambian Attorney General Mulilo Kabesha stated that the outcome was not a "victory" but rather a decision that made "good sense" for a former national leader."If you go to Zambia, they call him father of the nation. If you are the father of the nation, you can't restrict yourself to your immediate family. The man belonged to the nation, and so he is going to be buried in Zambia," Kabesha explained. "We appreciate the judgment of the court. It is a sound judgment."
While Kabesha could not yet comment on the specific logistical steps for the repatriation and state funeral, the court's decision now clears the path for the former president's body to be returned to Zambia, where he will be laid to rest as a former head of state.