The Supreme Court of Appeal (SCA) has ruled in favour of the family of former Zambian president Edgar Lungu, permitting his burial to occur in South Africa. The decision brings an end to a protracted legal dispute regarding the former president's resting place, which had captivated public attention for several months. Mr. Lungu passed away in South Africa on June 5, 2025, leading to disagreements over the location of his burial immediately following his death. The SCA's judgment clears the way for the family to proceed with the funeral arrangements in South Africa as they had sought, affirming their right to determine the former president’s final resting place.
Family's Opposition to Repatriation
The Zambian government had sought to repatriate Edgar Lungu's body to Zambia for a state funeral, a move that would have seen him buried in his home country with full national honours. However, Lungu's family firmly opposed this move, stating that the former president had explicitly expressed a wish to be buried in South Africa. The family asserted that Mr. Lungu did not want his political rival and successor, President Hakainde Hichilema, to be involved in his funeral arrangements or the ceremony itself. This strong opposition to the repatriation was central to the legal challenge mounted by the family, which ultimately resulted in the Supreme Court of Appeal's decision allowing the burial to proceed in South Africa. The dispute had been ongoing since Lungu’s death, creating a complex legal battle between the state and the family.
SCA's Legal Reasoning
The Supreme Court of Appeal (SCA) determined that the rights to "dignity, privacy, and family autonomy" took precedence over the Zambian state's interest in dictating the burial arrangements. The court's decision noted the importance of individual and family rights in such sensitive matters. In its detailed reasoning, the SCA found that, in the absence of a binding agreement between the state and the family concerning the former president's burial, the fundamental rights of the family outweighed any claims by the state. The SCA held that the high court had erred in granting the Zambian government authority over the matter, effectively overturning the lower court's previous ruling.
Court's Interpretation of Rights
The Supreme Court of Appeal's latest judgment overturned a 2025 high court order that had authorized the Zambian government to repatriate Edgar Lungu’s remains for a state funeral. This decision by the SCA effectively ends the government’s bid to repatriate the body of the former president, bringing finality to the contentious issue. The ruling affirms the Lungu family’s right to determine his final resting place, allowing them to proceed with burial arrangements in South Africa without further state interference. The SCA emphasized that the family’s rights to "dignity, privacy, and family autonomy" were critical in its legal reasoning, showing the constitutional protections afforded to individuals and their families. The judgment therefore ensures that the family's wishes regarding the former president's burial are respected, countering the Zambian state's previous attempts to dictate the location of the funeral and the nature of the ceremony. This landmark decision sets a precedent for similar disputes involving state and family interests in matters of burial and personal wishes.
