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The South African Supreme Court of Appeal has overturned a landmark High Court ruling that had granted the Zambian government the right to repatriate the remains of former President Edgar Chagwa Lungu for a state funeral and burial in Lusaka.
In a majority judgment delivered by Judge of Appeal R M Keightley, the South African Supreme Court of Appeal ruled that the Zambian government failed to establish any legal right to override the wishes of Lungu’s family regarding his burial arrangements.
The ruling marks a dramatic reversal of an August 2025 decision by the Gauteng High Court in Pretoria, which had ordered that the Zambian government was entitled to repatriate Lungu’s body for a state funeral and burial at Embassy Park in Lusaka.
Court Gives Weight to Lungu’s Final Wishes
Central to the appeal was evidence presented by former First Lady Esther Lungu and other family members that the late president had repeatedly expressed a desire that President Hakainde Hichilema and the Zambian government should play no role in his funeral or burial.
According to the judgment, Lungu felt he had been mistreated by the government after leaving office and objected to the involvement of those whom he believed had “forsaken him in life.”
The South African Supreme Court of Appeal found that the evidence showed Lungu consistently opposed President Hichilema’s participation in his funeral and that the family’s decision to honour those wishes was reasonable.
Troubled Relationship Examined
The judgment recounts several incidents that strained relations between Lungu and the government after he returned to active politics.
These included the withdrawal of his former presidential benefits, the closure of his office, restrictions on travel, and an incident in which he was removed from a flight to South Korea. The court also noted that he was denied permission to travel to South Africa for medical treatment in 2023.
After eventually travelling to South Africa in January 2025, Lungu was diagnosed with terminal oesophageal cancer. The court noted that the cancer was found at an advanced stage and was inoperable. He remained in South Africa receiving palliative care until his death on 5 June 2025.
Read More: S’Africa Supreme Court set to deliver judgment on Lungu burial dispute
No Legal Right Established
The South African Supreme Court of Appeal rejected the Zambian government’s argument that it possessed a legal right under Zambian law, protocol or custom to determine the burial of a former head of state.
The court found that the government failed to provide expert evidence establishing such a right under Zambian law and held that, in the absence of such evidence, South African legal principles applied.
The court further ruled that South African common law and constitutional principles recognise the rights of next of kin to make burial decisions and protect family dignity, privacy and autonomy.
“Absent a clear and convincing legal basis,” the court said, it would not be constitutionally permissible for the Zambian government’s interests to override those of the family.
Alleged Agreement Rejected
The Zambian government had also argued that the family had agreed to a state funeral and burial in Zambia during negotiations held after Lungu’s death.
However, the South African Supreme Court of Appeal found that documents relied upon by the government were merely proposals exchanged during ongoing discussions and did not constitute a binding agreement. The court concluded that no enforceable contract existed between the parties.
Appeal Upheld
In the end, the court ruled that the Zambian government had failed to prove either a legal or contractual right to take control of the burial arrangements.
The appeal was upheld, the High Court judgment was set aside, and the Zambian government’s application was dismissed with costs.
The decision effectively hands control of the burial arrangements back to the Lungu family and represents a significant legal victory for the former First Family in a dispute that has captivated Zambia and the wider region since the former president’s death.
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