Edgar Lungu's Family Wins Right to Bury Him

in SA

In a major victory for the Lungu family, South Africa's Supreme Court of Appeal has overturned an earlier High Court ruling that had allowed the Zambian government to repatriate former president Edgar Lungu's remains for a state funeral. The court delivered its judgment on June 25, 2026, citing the family's right to decide where to bury their loved one.

Edgar Lungu, who passed away in South Africa on June 5, 2025, had expressed a wish to be buried in the country, according to the family. The Zambian government had sought to return his body for a state funeral, leading to a bitter dispute between the family and the government.

Judge Raylene Keightley, who delivered the judgment, said that the Zambian government had failed to establish a legal basis to override the family's wishes regarding Lungu's burial. "The Zambian government's failure to establish a right under either the common law or contract to override the family's burial decision is fatal to its case," Keightley said.

The court found that the family's rights to dignity, privacy, and autonomy carried greater weight than the state's interest in organising the former president's funeral. According to Keightley, Lungu's own concerns about his treatment in Zambia before his death were a significant factor in his burial wishes.

"One does not have to scratch too far beneath the surface to appreciate that from at least September 2023 the late former president Lungu viewed himself to be persona non grata in his own country," Keightley said.

The judgment effectively brings to an end the Zambian government's efforts to repatriate Lungu's remains and affirms the family's right to decide the former president's final resting place.

Edgar Lungu, a former Zambian president, was in power from 2015 until 2021, when he lost the presidential election to Hakainde Hichilema. Lungu had been involved in several controversies during his tenure, including allegations of corruption and human rights abuses.

The court's ruling has significant implications for the Lungu family and the people of Zambia. It highlights the importance of respecting individuals' rights to dignity and autonomy, even in death.

Court Highlights Lungu's Strained Relationship with Zambia

One significant point highlighted by the court's judgment is the strained relationship between Lungu and his home country, Zambia. Keightley noted that Lungu had become unwelcome in Zambia, citing his concerns about his treatment in the country before his death.

Lungu's decision to choose South Africa as his burial site was a reflection of his desire to distance himself from the political intrigue and controversies that had surrounded him during his tenure as president. The court's ruling effectively validates his decision and affirms the Lungu family's right to bury him in the country of his choice.

This ruling has significant implications for Zambia and the Lungu family, particularly in light of the tense relationship between Lungu and the Zambian government during his tenure as president. The court's decision underscores the importance of respecting individuals' rights to autonomy and dignity, even in death.

South Africa's Supreme Court of Appeal has taken a significant step in upholding the Lungu family's right to bury their loved one in the country of their choice. The ruling is a reminder of the importance of upholding the rights of individuals, even in the face of state interests.

In the weeks and months ahead, the Lungu family will have to navigate the practicalities of burying their loved one in South Africa. This may involve working with South African authorities to ensure that the funeral proceedings are carried out according to the family's wishes.

What Next for the Lungu Family?

The Lungu family will have to work with South African authorities to ensure that the funeral proceedings are carried out according to their wishes. This may involve liaising with the South African government to secure any necessary permits or approvals.

The family will also have to grapple with the emotional and psychological implications of burying their loved one in a foreign country. The court's ruling has provided closure for the family, but it is unclear how they will come to terms with the decision to scatter Lungu's ashes in South Africa.

Ultimately, the Lungu family's decision to bury their loved one in South Africa is a testament to their commitment to respecting his wishes, even in death. The court's ruling has validated their decision and underscored the importance of upholding the rights of individuals.