The legal dispute between the Zambian government and the family of former president Edgar Lungu, who died on June 5, has deepened as both sides contest where the late leader should be laid to rest.
Lungu died at Mediclinic Medforum in Pretoria from cardiac complications during surgery.
The Lungu family seeks a private burial in South Africa, citing personal ties and preferences, whereas the Zambian government demands repatriation for a state funeral in Zambia, emphasising Lungu’s national legacy.
Advocate Casper Welgemoed, representing the Lungu family, has strongly challenged the government’s position, arguing there is no evidence to suggest Lungu wanted to be buried in Zambia.
Desire for low-key burial
“There’s no documentation or testimony supporting claims that president Lungu desired a Zambian burial. The court should dismiss such arguments as hearsay,” Welgemoed stated during a recent hearing.
The family maintains that Lungu, who spent considerable time in South Africa in his later years, would have preferred a private ceremony in the country.
Recent developments have added complexity to the case.
The Lungu family has presented affidavits from close associates claiming that Lungu, in private conversations, expressed a desire for a low-key burial, though no formal will has surfaced to confirm this.
Conversely, the Zambian government has introduced cultural arguments, asserting that burying a former president of Zambia aligns with national traditions and honours Lungu’s contributions as a leader.
Traditional leaders take a side
A coalition of traditional Zambian leaders has also filed a supporting affidavit, urging the court to prioritise national pride and precedent.
Public opinion in Zambia remains divided. Some view the government’s push as honouring a national figure, while others support the family’s right to choose, arguing that personal wishes should take precedence.
The court is now grappling with balancing cultural expectations, legal evidence, and family rights.
Both sides are preparing additional submissions, with the government reportedly seeking archival records of Lungu’s public statements, while the family is consulting international legal experts on cross-border burial disputes.
A ruling on burial jurisdiction is expected by Friday but may be delivered as early as Tuesday.
