A legal battle over where former Zambian President Edgar Lungu’s remains will be buried may finally be over, more than a year after his death, after South Africa’s Supreme Court of Appeal ruled Tuesday in favor of his family and rejected the Zambian government’s claim of custody over his body.
Lungu, who led Zambia from 2015 until 2021, died of an undisclosed illness at age 68 at a clinic in Pretoria. The Zambian government wished to see him laid to rest alongside his predecessors in the special presidential burial ground in the capital, Lusaka. But Lungu’s family wanted a private burial after negotiations with the government over funeral arrangements broke down.
A Feud That Outlasted Death
Lungu had numerous rows with President Hakainde Hichilema, the opposition leader who eventually unseated him. After Lungu’s death, his family said he did not want Hichilema “anywhere near” his body. The Supreme Court of Appeal agreed it was clear 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 were present.
Justice Raylene May Keightley, delivering the judgement, noted the strangeness of the saga: “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.”
A Year of Legal Twists
Last August, a Pretoria high court ruled Zambia’s government could repatriate the body for a state funeral, leaving the family visibly distraught. The family appealed, but in April, Zambia’s government said the remains had been “formally transferred” to the state, only for the same court to order the body returned hours later pending appeal. On Tuesday, the Supreme Court of Appeal found that “the common law and constitutional rights of family prevail” over the state’s claim.
Government Response and What Comes Next
In a significant climbdown, Zambia’s government said it would not challenge the ruling further: “Although we disagree with today’s judgment, we will not be taking this matter any further.” It noted that predecessors Levy Mwanawasa, Frederick Chiluba, Michael Sata, Kenneth Kaunda, and Rupiah Banda were all buried at Embassy Park with full honours, and that it had hoped to extend Lungu the same.
With Zambia’s general election scheduled for August 2026, attention now turns to how the public responds. The case has drawn comparisons to Zimbabwe’s dispute over Robert Mugabe’s burial, where his family also won the right to bury him privately rather than at the National Heroes Acre.
Africa Presents is a Pan-African digital magazine and monthly publication covering politics, business, economy, culture, tech, and the stories shaping Africa and its diaspora. Visit africapresents.com and follow @AfricaPresents for daily coverage and monthly themed magazine editions.
Leave a comment