Family Wins Appeal Over Burial Location of Former Zambian President Edgar Lungu
More than a year after the death of Zambia's former President Edgar Lungu, his family have succeeded in their appeal to have his body buried in South Africa, where he passed away. This ruling overturns a previous high court decision that allowed the Zambian government to repatriate his remains.
It remains uncertain whether the Supreme Court of Appeal's ruling on Tuesday in Bloemfontein conclusively resolves the ongoing legal dispute regarding the disposition of Lungu's remains, which stems from a protracted conflict between Lungu and his successor, President Hakainde Hichilema.
Attention now turns to the Zambian government's response, as its legal team awaits further instructions. The government has consistently maintained that, as a former head of state, Lungu should be honoured in Zambia.
The Zambian authorities had sought to inter him alongside previous presidents in the designated presidential burial ground located in Lusaka, the capital city.
However, Lungu's family preferred a private burial after negotiations with the government concerning funeral arrangements failed.
"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 the judgement delivered on Tuesday.
Last August, the South African High Court in Pretoria ruled in favour of the Zambian government, permitting the repatriation of Lungu's body and the holding of a state funeral. This decision visibly distressed Lungu's relatives in the courtroom.
The family subsequently appealed the ruling. In a surprising development in April, the Zambian government announced that Lungu's remains had been "formally transferred" to the state by the South African court.
However, within hours, the same South African court ordered the Zambian government to return the body pending further court proceedings.
Background and Political Context
Edgar Lungu died at the age of 68 from an undisclosed illness at a clinic in Pretoria. His death triggered confusion, as mourners received conflicting information from both the Zambian government and Lungu's political party, the Patriotic Front (PF).
Two separate mourning periods were declared, and at one point, there were competing condolence books.
Lungu served as Zambia's president from 2015 until 2021. During his tenure, he had numerous disputes with Hakainde Hichilema, who was the opposition leader for many years before defeating Lungu in the presidential election.
Following Lungu's death, his family stated that the former president did not want Hichilema to attend his funeral or be "anywhere near" his body.
"It was clear that the former president 'viewed himself to be persona non grata in his own country' of Zambia and 'felt that he would not be afforded a dignified send-off' if his successor was present," the judges noted in the Supreme Court of Appeal ruling.
The ruling thus reflects the deep political and personal divisions that have persisted beyond Lungu's death.
Additional reporting by Nomsa Maseko in Johannesburg
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