In a landmark ruling delivered today, the South African High Court has granted the Zambian Government the right to repatriate the remains of former President Edgar Chagwa Lungu, ending a two-month legal battle over his final resting place.
Acting Judge President Aubrey Phago Ledwaba ruled that national interest overrides the family’s wishes, clearing the way for the body to be transported back to Zambia for a state funeral with full military honours, in accordance with precedent set for former heads of state.
“The applicant [Zambian Government] is entitled to repatriate the body of the late former president. The funeral house is ordered to immediately surrender the body to the government of the Republic of Zambia,” said Judge Ledwaba.
Mr Lungu died in South Africa on June 5, 2025, aged 68. His family had blocked the Zambian government from accessing the body, citing his alleged wishes not to be buried under President Hakainde Hichilema’s watch. The family had even scheduled a private burial in South Africa on June 25.
The Zambian government, through Attorney General Mulilo Kabesha, filed a public interest lawsuit, arguing that Lungu’s status as a former President warranted a state funeral, regardless of his political position at the time of his death. Among the respondents were Esther Lungu, his children and sister Bertha, and the funeral company Two Mountains Burial Services.
Despite emotional scenes following the court ruling with a visibly distraught Bertha Lungu rejecting the outcome the court emphasized there was no valid legal will or record to support the family’s burial plan.
The ruling clears the path for Lungu’s body to be laid to rest at Embassy Park in Lusaka, the official burial site for