Zambia loses bid to repatriate Edgar Lungu’s remains

The family of former Zambian president Edgar Lungu has won a major legal battle after South Africa’s Supreme Court of Appeal (SCA) ruled that they have the right to decide where he is buried.

The judgment overturns an earlier High Court ruling that had allowed the Zambian government to repatriate Lungu’s remains for a state funeral.

Court sides with Lungu family over burial rights

Delivering judgment, Judge Raylene Keightley said the Zambian government had failed to establish a legal basis to override the family’s wishes regarding Lungu’s burial.

“The Zambian government’s failure to establish a right under either the common law or contract to override the family’s burial decision is fatal to its case,” she said.

Keightley added that the High Court had erred by granting the Zambian government authority over the matter and should instead have dismissed the application.

The SCA subsequently upheld the family’s appeal and set aside the earlier order.

State interest outweighed by Lungu family rights

The court found that the Zambian government did not have a binding agreement giving it the authority to determine burial arrangements.

Instead, the SCA ruled that the family’s rights to dignity, privacy and autonomy carried greater weight than the state’s interest in organising the former president’s funeral.

The judgment effectively removes the Zambian government’s ability to dictate where Lungu should be laid to rest.

Dispute followed Lungu’s death in South Africa

The legal battle began after Lungu died in South Africa on 5 June 2025.

While the Zambian government sought to return his body for a state funeral, members of his family opposed the move, arguing that the former president had expressed a wish to be buried in South Africa.

The family also maintained that Lungu did not want his successor and political rival, President Hakainde Hichilema, to play a role in his funeral arrangements.

Court highlights Lungu’s strained relationship with Zambia

In her ruling, Keightley pointed to Lungu’s own concerns about his treatment in Zambia before his death.

The judge noted that the former president believed he had become unwelcome in his own country, a factor that helped explain his strong views on where he wanted to be buried.

“One does not have to scratch too far beneath the surface to appreciate that from at least September 2023 the late former president Lungu viewed himself to be persona non grata in his own country,” Keightley said.

She added that these experiences appeared to have influenced his burial wishes.

Judgment ends repatriation bid

The ruling effectively brings to an end the Zambian government’s efforts to repatriate Lungu’s remains.

It also affirms the family’s right to determine the former president’s final resting place, marking the conclusion of a months-long dispute that attracted attention in both Zambia and South Africa.