Family Wins Right to Bury Former President in South Africa
More than a year after the death of Zambia’s former President Edgar Lungu, his family have won their appeal to have his body buried in South Africa where he died. The ruling by the Supreme Court of Appeal in Bloemfontein overturns a high court decision that allowed the Zambian government to repatriate the corpse for a state funeral.
The legal battle over Lungu’s remains stems from a long-standing feud between Lungu and his successor, President Hakainde Hichilema. The Zambian government had maintained that Lungu, as a former head of state, should be honored in Zambia and laid to rest in the special presidential burial ground in Lusaka. However, Lungu’s family sought a private burial after negotiations over funeral arrangements broke down.
Court Ruling Highlights Family-State Rift
In Tuesday’s judgment, Justice Raylene May Keightley stated, “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.” The Supreme Court judges noted that Lungu “viewed himself to be persona non grata in his own country” and “felt that he would not be afforded a dignified send-off” if his successor was present.
Last August, the South African high court in Pretoria had ruled that Zambia’s government could repatriate the body and give him a state funeral, a decision that left Lungu’s relatives visibly distraught. The family appealed, but in April, Zambia’s government announced that Lungu’s remains had been “formally transferred” to the state by the South African court. Hours later, the same court ordered the government to return the body pending further litigation.
Background of the Dispute
Lungu, who led Zambia from 2015 until 2021, died at age 68 of an undisclosed illness at a clinic in Pretoria. His death sparked chaos, with conflicting information from the government and his political party, the Patriotic Front (PF). Two separate mourning periods were announced, and competing condolence books were opened.
After his death, Lungu’s family said the ex-president did not want Hichilema at his funeral or “anywhere near” his body. All eyes are now on the Zambian government’s next move, as its lawyers await instruction. It is not clear whether this ruling finally resolves the legal battle over Lungu’s remains.
