South Africa’s Supreme Court of Appeal (SCA) has set aside an August 2025 ruling by the High Court in Pretoria in the legal dispute between the family of the late former Zambian President Edgar Lungu and the Zambian government over his final resting place.
The High Court had previously ruled that the Zambian government was entitled to repatriate Lungu’s remains for a state funeral and burial in his home country.
Former President Lungu died on 5 June 2025 in Johannesburg while receiving medical treatment, sparking a protracted legal and diplomatic dispute over his burial arrangements.
Following his death, a dispute emerged between the Lungu family, who have expressed a wish for him to be buried in South Africa, and the Zambian government, which insists on a state funeral and burial in Zambia.
In its latest decision, the Supreme Court of Appeal has overturned the earlier High Court judgment, effectively reshaping the legal position in the matter.
Lawyers representing the Zambian government are now awaiting further instructions on how to proceed following the appellate court’s ruling.
In May, the Lungu family approached the appellate court, arguing that the right to decide on burial is independent and rests with the widow, Esther Lungu, as part of her family and cultural rights.