South Africa's Supreme Court of Appeal ruled on Tuesday that the family of former Zambian President Edgar Lungu may bury him in South Africa, rejecting the Zambian government's claim for custody of his remains. The decision ends a more than yearlong legal battle following Lungu's death on June 5, 2025, at age 68 in South Africa.
Court Overturns Previous Ruling
The Supreme Court of Appeal overturned a lower court decision that had ordered Lungu's family to hand over his body to the Zambian government for repatriation. In a majority ruling, the panel of judges stated that "the common law and constitutional rights of family prevail" over the government's claim. The Supreme Court of Appeal is South Africa's second highest court; the Zambian government could still appeal to the Constitutional Court.
Family Cites Lungu's Last Wishes
Lungu's family maintained that they were honoring his final wishes that his political rival, current Zambian President Hakainde Hichilema, not come near his body or preside over a state funeral in Zambia. The family's funeral service for Lungu in South Africa last June was interrupted when the Zambian government filed an urgent court case arguing that national customs and protocols required burial at the national cemetery for leaders.
Political Rivalry Continues After Death
The dispute highlighted the bitter rivalry between Lungu and Hichilema. Lungu served as president from 2015 to 2021, defeating Hichilema in two elections. During Lungu's presidency, Hichilema was imprisoned for four months on treason charges that were later dropped. Lungu lost the 2021 election to Hichilema and later claimed he had been placed under house arrest on Hichilema's instructions. Lungu's body has remained at a mortuary in South Africa throughout the legal proceedings.
