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With fresh controversies stirred following concerns over the whereabouts of the remains of late President Edgar Lungu, the Zambian government, through the office of the Attorney General, has said that Lungu’s body was never in the physical custody of the Zambian government at any point during the period following his death—despite a court order that formally transferred the body to Zambia earlier in the week.
According to news monitored on ZNBC, Attorney General Mulilo Kabesha emphasized that the body remained under the authority of South African law enforcement.
He also confirmed that the family finally received the remains on Thursday, 23 April 2026 after a South African court made an order in that respect.
“The remains of the sixth president had at no point been in the physical custody of the Government of the Republic of Zambia. They were held by the South African Police Service during this period,” he said.
Kabesha’s clarification follows a press statement he issued on 22 April 2026, in which he announced that the Pretoria High Court had formally transferred the body to the Zambian government.
In that statement, he wrote:
“The Government of the Republic of Zambia wishes to confirm that the High Court in Pretoria has today, Wednesday 22nd April 2026, formally transferred the mortal remains of the Sixth Republican President, Dr. Edgar Chagwa Lungu, to the Zambian Government.”
He added that the transfer followed the Lungu family’s inability to proceed with their case before the South African Supreme Court of Appeal, noting:
“This development follows the former President’s family’s inability to proceed with their case before the South African Supreme Court of Appeal. The mortal remains of the former President have since been relocated from Two Mountains Burial Services to a facility managed by the South African Government.”
Kabesha further referred to the 8 August 2025 ruling by the Pretoria High Court:
“In its 8th August 2025 ruling, the Pretoria High Court directed that the body be released to the Zambian Government to facilitate preparations for repatriation and burial in Zambia.”
However, in his latest remarks, he clarified that although a court order existed, the transfer was never completed, because the family sought an urgent court order for the remains to be released directly to them.
He confirmed that the family finally received the remains on Thursday, 23 April 2026.
Kabesha stressed that the government had remained consistent in respecting all court directives.
“The Government of the Republic of Zambia has respected and will continue to respect every order issued by the courts. This is not a matter of convenience; it is a matter of principle,” he said.
He further emphasized that the latest court order did not conclude the matter of how the former president should be laid to rest.
“The question of how the former president is to be laid to rest is not closed by the latest court order. Dr. Lungu served as Head of State, Head of Government and Commander-in-Chief of the Defence Forces. The duty that the Republic owes to that office is not extinguished by a single order.”
Kabesha reaffirmed government’s willingness to work with the family to ensure that the former president received the honours befitting his office.
“Government’s willingness to engage with the family in good faith to find an arrangement that honours the sixth president is undiminished. Our position remains unchanged,” he said.
He said President Hakainde Hichilema had maintained a consistent and constitutional position throughout the process, with the central concern being that his predecessor is accorded a proper, dignified burial.
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