A South African appeals court delivered a ruling Tuesday giving the family of former Zambian President Edgar Lungu the authority to decide where he will be laid to rest, reversing an earlier court order that had sided with the Zambian government’s push for a state funeral.
Lungu served as Zambia’s president from 2015 until 2021 and passed away in South Africa roughly a year ago while undergoing medical treatment. His remains have stayed in South Africa ever since, as a dispute between his family and the Zambian government has dragged on over the proper burial location.
The Zambian government had sought to bring Lungu’s body back to the capital, Lusaka, for burial at a site designated for the country’s former presidents. His family, however, has preferred a private burial in South Africa.
At the heart of the family’s resistance is their belief that Lungu would not have wanted his current successor, President Hakainde Hichilema, present at the funeral. The two men were longstanding political adversaries.
South Africa’s Supreme Court of Appeal concluded Tuesday that Zambia’s government had not demonstrated any legal standing under South African law to override the family’s preferences regarding the burial arrangements. The court also dismissed Zambia’s claim that a binding agreement had been reached with the family, finding instead that negotiations between the two sides were still ongoing at the time.
Zambia’s Attorney General Mulilo Kabesha told Reuters that while the government did not fully agree with the ruling, it would honor the court’s decision. “We will not exercise our right to appeal to the Constitutional Court. We will not take the matter any further,” Kabesha said.
South Africa’s government had previously stated it felt obligated to respect the family’s wishes, though it also expressed the view that a state burial in Zambia would be the most appropriate send-off for a former head of state.
During his time in office, Lungu oversaw a significant buildup of national debt. Zambia defaulted on its international debt obligations in 2020, a development widely seen as contributing to his defeat at the polls. President Hichilema is now preparing to seek a second five-year term at an election scheduled for August.
