Court ends dispute over burial of former Zambian President Edgar Lungu

A court ruling has finally settled a prolonged dispute over the burial of former Zambian President Edgar Lungu, with judges backing his family’s position and allowing him to be laid to rest in South Africa, where he passed away, instead of being returned home for a state funeral.

The Supreme Court of Appeal has overturned an earlier High Court decision that had permitted the Zambian government to repatriate the body of Edgar Lungu for burial in Lusaka. The judgment now confirms that his remains will stay in South Africa, bringing an end to a legal fight that had stretched for over a year.

The Zambian government said it accepts the ruling even though it disagrees with it, adding that it will not pursue the matter any further.

Authorities had argued that, as a former head of state, Lungu should receive full state honours and be buried at the presidential burial site in Lusaka alongside other past leaders. They maintained that a national funeral was the appropriate way to honour his service.

However, his family opposed the plan, insisting on a private burial in South Africa after talks with government officials broke down. They maintained that earlier arrangements collapsed and could not be revived.

"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," said Justice Raylene May Keightley in Tuesday's judgement.

The dispute had already gone through conflicting court decisions. Last August, a High Court in Pretoria ruled that the Zambian government could take the body back for a state funeral, a decision that left Lungu’s relatives visibly distressed in court.

The family appealed against that ruling, but confusion deepened in April when the Zambian government announced that Lungu’s remains had been “formally transferred” following a court order. Hours later, the same court ordered that the body be returned until the matter was fully resolved.

Lungu, who served as Zambia’s president from 2015 to 2021, died at 68 in a clinic in Pretoria after an undisclosed illness. His death triggered uncertainty, with rival groups issuing conflicting statements on mourning arrangements.

At one point, two separate mourning programmes were announced, while competing condolence books were opened, reflecting the deep political divisions that followed his passing.

His long-standing political rivalry with Hakainde Hichilema continued to shape discussions around his funeral, even after his death.

The family also maintained that Lungu had made it clear he did not want Hichilema present at his funeral or "anywhere near" his body, a position that further complicated negotiations.

In its final ruling, the Supreme Court of Appeal said it was clear that the former leader "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 attended.