Family has final say over Zambia ex-president Lungu's burial, court rules

South Africa’s Supreme Court of Appeal ruled on Tuesday that the family of former Zambian President Edgar Lungu has the right to decide where he is buried, ending a year-long legal battle with the Zambian government over the late leader’s final resting place.

The court overturned an earlier High Court ruling that had ordered Lungu’s remains to be handed to the Zambian government for repatriation, finding that the family’s constitutional and common law rights prevail over the state’s claim to custody of the body.

Lungu, who served as Zambia’s president from 2015 to 2021, died in South Africa on June 5, 2025, while undergoing medical treatment. His body has remained in a mortuary since then as the legal dispute unfolded.

The case stemmed from disagreement between Lungu’s family and the government of President Hakainde Hichilema. The family insisted they were honouring Lungu’s final wishes to be buried in South Africa and not have Hichilema, his long-time political rival and successor, attend his funeral.

State funeral

The Zambian government argued that, in keeping with national tradition, a former head of state should receive a state funeral and be buried at Embassy Park, the official burial site for Zambia’s presidents in Lusaka.

In its majority judgment, the Supreme Court of Appeal ruled that “the common law and constitutional rights of family prevail” over the Zambian government’s claim to determine the burial arrangements.

The ruling appears to clear the way for Lungu’s burial in South Africa, in accordance with his family’s wishes, bringing to a close one of southern Africa’s most closely watched legal and political disputes over the burial of a former head of state.

The Zambian government can still seek leave to appeal to South Africa’s Constitutional Court.