The Pretoria high court has delivered a historic ruling today, ordering the repatriation of former Zambian President Edgar Lungu’s body home for a state funeral, resolving a nearly two-month dispute that captivated the nation and resonated across southern Africa.
Lungu, who passed away on June 5 at Mediclinic Medforum in Pretoria during treatment for esophageal cancer, will be laid to rest at Embassy Park in Lusaka with full military honours, as mandated by the court.
“This is a matter of national dignity,” said Acting Judge President Aubrey Ledwaba, delivering the ruling alongside a full bench. “As a former head of state, President Lungu’s burial must reflect Zambia’s protocol and honour his service to the nation.”
Honouring the deceased’s wish
The decision followed a heated legal battle between the Zambian government, represented by Attorney General Mulilo Kabesha, and Lungu’s family, who insisted on a private burial in South Africa to honour the late President’s alleged wish to exclude his political rival, President Hakainde Hichilema, from the proceedings.
Lungu, Zambia’s sixth president from 2015 to 2021, was a polarising figure whose death at age 68 sparked a controversy reflective of his contentious political career. His widow, Esther Lungu, and lawyer Makebi Zulu argued that Lungu had explicitly stated his wishes.
“My husband was clear: he wanted president Hichilema nowhere near his funeral or his body,” Esther Lungu stated in her affidavit.
The family cited past grievances, including the 2023 stripping of Lungu’s presidential benefits and alleged delays in approving his medical evacuation to South Africa, which they claim hastened his death.
The Zambian government, however, maintained that national law supersedes personal wishes. “The burial of a former President is a state matter, as seen with President Kenneth Kaunda,” Kabesha argued in court documents.
The government sought four key orders: a declaration of its exclusive right to repatriate Lungu’s body, the release of the body from a Pretoria funeral home to the Zambian High Commission, authorization for a state delegation to accompany the remains, and the exclusion of the family’s authority over the burial process.
The court granted these requests but acknowledged the family’s concerns. Judge Ledwaba noted: “While we respect the family’s sentiments, national protocol must prevail. We urge minimal involvement of president Hichilema to honor their wishes as far as possible.”
The court dismissed an application by Zambian citizen Vincent Kafula to intervene. “The applicant lacks the legal standing to influence this matter,” said Ledwaba.
Kafula had warned that the dispute was “tearing Zambia apart”.
The court ordered Lungu’s body to be transported to Lusaka on a private chartered plane, where it will lie in state at his residence and a conference centre for public viewing before burial at Embassy Park.
