Edgar Lungu, the former president of Zambia, remains under private security at a Pretoria mortuary three months after his death.
This is unfolding as the Pretoria High Court resumed hearing the Lungu family’s application for leave to appeal an August 8 ruling regarding his burial.
Previously, the court ordered that Lungu’s body be immediately surrendered by the funeral home to representatives of the Zambian authorities for repatriation to Zambia, where he would receive a state funeral.
On Monday, the family argued through its legal team whether the family could take the case to a higher court, such as the Supreme Court of Appeal or the Constitutional Court.
State interests versus family rights
Advocate Tembeka Ngcukaitobi SC, who heads the family’s legal team, argued that the original ruling unfairly favoured state interests over family rights to bury Lungu in South Africa.
He further said the ruling misapplied Zambian and South African burial laws and ignored Lungu’s wish for a private ceremony free from any involvement by Zambian President Hakainde Hichilema.
“This is fundamentally a matter of human dignity and privacy. No family should be compelled to surrender their loved one’s remains to a state that has shown hostility.
“The high court’s ruling overlooked the absence of family consent and the clear evidence of president Lungu’s wishes for a private burial, free from political interference,” Ngcukaitobi said.
Ngcukaitobi, who took over the case in mid-August, focused on legal principles.
“If granted leave, we will demonstrate in a higher court that public interest cannot trump the right to a dignified, personal farewell.”
Lungu belongs to the nation
The Zambian government, represented by attorney-general Mulilo Kabesha, opposed the appeal, arguing that it lacked merit.
Kabesha maintained that Lungu, as a former head of state, belongs to the nation, and repatriation for a state burial at Embassy Park aligns with Zambian tradition, as all presidents since independence have been buried there.
He stressed that the case was about ensuring a dignified national burial, not about winning.
The three-judge bench, led by Acting Judge President Aubrey Ledwaba, reserved judgment.
The court did not set a date for its ruling but indicated a decision would come soon, possibly within weeks.
This delay prolongs the dispute, with the family’s separate Constitutional Court application, filed on August 15, still pending and potentially able to override the high court’s outcome if prioritised.
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