The remains of former Zambian President Dr. Edgar Chagwa Lungu will not be moved from South Africa for now. This follows the successful filing of an urgent appeal by his widow, Esther Lungu, and family members against a court order for repatriation to Zambia. The legal battle highlights a complex dispute involving family wishes, government interests, and cross-border legal principles.
Dr. Edgar Lungu passed away on June 5, 2025, at a private hospital in South Africa at age 68. Zambia’s Attorney General, Mulilo Kabesha, promptly launched an urgent application in the Pretoria High Court on June 24, 2025. The government sought to have the funeral parlour, Two Mountains, ordered to preserve Lungu’s body and prevent any removal or burial pending the repatriation process. This came after the Lungu family expressed a preference to bury him privately in South Africa, citing disagreements with the Zambian government.
The Pretoria High Court initially ruled in favor of Zambia’s government, ordering that the body be surrendered to the Zambian High Commission and repatriated to Zambia for a state funeral and burial at Embassy Park in Lusaka. The court authorized government officials, family members, and certain aides to be present during the repatriation. Judge Aubrey Ledwaba emphasized that the public interest in a state funeral outweighed the late President’s personal wishes against such a ceremony.
South African law generally suspends the execution of court judgments once a notice of appeal is filed, according to Section 18 of the Superior Courts Act of 2013. This automatic stay means enforcement of the repatriation order is paused until the appeal process concludes. Exceptions exist but require proof of irreparable harm to one party if the order is enforced prematurely.
The Lungu family filed an urgent appeal challenging the entire judgment and order, effectively keeping the remains in Pretoria. Private security guards have been hired to protect the body after reported attempts to remove it without authorization.
South Africa’s hybrid legal system, combining Roman-Dutch law, English common law, and customary law, informs the case. The court must balance the connection to Zambian law—due to the deceased’s domicile, nationality, and family ties—against South African procedural rules.
Judge Ledwaba’s judgment underscored that public interest in state funerals can override personal wishes, referencing a 2021 Zambian High Court case (The People v Secretary to the Cabinet Ex parte Kaweche Kaunda). The court stressed that a state funeral honors national figures with strict protocol and dignity, which should apply to former heads of state like Lungu.
The court also ruled that no costs would be ordered in this case, maintaining neutrality on legal fees while the appeal is pending. It clarified that no President of another country can be barred from attending the state funeral.
The appeal’s success means the body remains in South Africa, with no repatriation planned until the legal matter is resolved. Legal experts believe the Zambian government will avoid attempts to move the remains before the appeal decision to comply with South African law. The Sheriff of the Court is not expected to authorize enforcement while the case is active.
The dispute reflects tensions between family wishes and state protocols in high-profile deaths, especially when cross-border legal and diplomatic issues arise. It also highlights the significance of procedural rules, such as automatic stays during appeals, in preventing premature enforcement of court orders.
The remains of former President Edgar Lungu remain in South Africa after his family successfully appealed a court order for repatriation to Zambia. The legal process is ongoing, balancing the family’s rights, Zambia’s government interests, and South African law. The case underscores the complexities of handling state funerals and burial decisions across borders, especially for prominent figures.
Dr. Lungu’s leadership of Zambia from 2015 to 2021 adds weight to the public interest argument for a state funeral. The final outcome will depend on the resolution of the appeal in the South African courts. Until then, the remains are safeguarded in Pretoria, pending a legal conclusion.