A South African court has resolved a contentious legal battle over the burial of former Zambian President Edgar Lungu, ruling that his remains must be returned to Zambia for a state funeral. The Pretoria High Court’s decision on Tuesday ended a nearly two-month standoff between Lungu’s family and the Zambian government, which had drawn widespread attention across southern Africa.
Lungu, Zambia’s sixth president who led the country from 2015 to 2021, died on June 5 in Pretoria while undergoing treatment for oesophageal cancer. His family had sought to bury him privately in South Africa, citing his alleged wish to exclude his political rival, current President Hakainde Hichilema, from funeral proceedings. However, the court upheld Zambia’s legal protocols for former heads of state, ordering a repatriation to Lusaka for a military honors burial at Embassy Park, the resting place of late leaders including independence icon Kenneth Kaunda.
“This is a matter of national dignity,” said Acting Judge President Aubrey Ledwaba, emphasizing that state protocol must override personal preferences. The ruling granted the Zambian government’s requests to assume control of the burial process, including transferring Lungu’s body from a Pretoria funeral home to Zambian authorities and organizing a state delegation to accompany the remains.
The family’s legal team, led by Lungu’s widow Esther and lawyer Makebi Zulu, argued that the former president had explicitly opposed Hichilema’s involvement, citing longstanding political tensions. In court documents, Esther Lungu claimed her husband’s final months were marred by the government’s 2023 decision to strip his presidential benefits and alleged delays in approving his medical transfer to South Africa, which she said worsened his condition.
Zambian Attorney General Mulilo Kabesha countered that national law mandates state oversight for former presidents’ funerals, a precedent set by Kaunda’s 2021 burial. The court acknowledged the family’s grievances but stressed constitutional obligations, with Ledwaba urging “minimal involvement” of Hichilema to respect their wishes “as far as possible.”
The ruling dismissed an attempt by Zambian citizen Vincent Kafula to intervene in the case, with judges stating he lacked legal standing. Kafula had warned the dispute risked deepening national divisions, reflecting broader societal tensions stemming from Lungu’s polarizing legacy.
Lungu’s body will now be flown to Lusaka on a privately chartered aircraft, where it will lie in state at his residence and a conference center for public viewing. The resolution aims to balance ceremonial traditions with familial concerns, though it leaves unresolved questions about the interplay between personal autonomy and state authority in Zambia’s political culture. The case has underscored the enduring influence of Lungu’s controversial tenure, which continues to shape the nation’s discourse even after his death.
