Former Zambian President Edgar Lungu's family has won a major legal battle after South Africa's Supreme Court of Appeal overturned a High Court ruling, confirming that his relatives have the final say over his burial arrangements. Image:
Edgar Chagwa Lungu
1Min
South Africa
SCA rules Edgar Lungu family has final say on former Zambian President’s burial
South Africa’s Supreme Court of Appeal has overturned a High Court decision, ruling that the family of late former Zambian president Edgar Lungu has the final say on his burial, despite efforts by the Zambian government to repatriate his remains and hold a state funeral.
The Supreme Court of Appeal (SCA) of South Africa has ruled in favour of the family of former Zambian president Edgar Lungu in a dispute over his burial, setting aside an earlier High Court judgment that had supported the Zambian government's application.
The court upheld the family's appeal with costs, including the costs of two counsel were employed, and replaced the High Court order with a ruling dismissing the government's application.
At the centre of the dispute was the question of who should determine the burial arrangements for the late former president. The Zambian government argued that it had the right to repatriate Lungu's remains and conduct a state funeral in Zambia.
However, the family maintained that Lungu had clearly expressed his wishes regarding his burial and that these wishes, together with the family's constitutional rights to dignity, privacy and family autonomy, should be respected.
The SCA found that, in the absence of proven agreements granting the Zambian government authority over the burial, the family's rights take precedence. The court also noted that any reliance on foreign customs, protocols or practices would need to be supported by expert evidence.
Lungu travelled to South Africa in January 2025 to receive medical treatment and passed away on 5 June 2025 after battling a terminal illness. Following his death, representatives of the family and the Zambian government held a series of discussions in an attempt to reach consensus on funeral arrangements.
The government sought to accord Lungu a full state funeral in Zambia, including the participation of current Zambian President Hakainde Hichilema. The family, however, argued that the late former president had specifically expressed a wish that President Hichilema should not play any role in such proceedings.
Lungu served as Zambia's sixth president from January 2015 until August 2021, when he was succeeded after the Patriotic Front lost power to the United Party for National Development, led by President Hichilema.
The SCA's ruling effectively confirms that the final decision regarding the burial of the former president rests with his family.
