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The family of late former Zambian president Edgar Lungu, led by former First Lady Esther Lungu, has accused the South African Police Service (SAPS) and prosecutors of unlawfully seizing his body and conducting a post-mortem without their consent.
In a letter dated April 24, 2026, lawyers from Mashele Attorneys Inc., acting on behalf of the family, said the actions violated court orders governing the handling of the remains.
“Our clients regard the conduct of SAPS and the prosecution as unlawful and in direct contravention of the court of law, and they demand a full explanation on the legal basis upon which the body was seized and a post-mortem conducted,” the lawyers said.
The family alleged that SAPS officers, together with prosecutors including State Attorney Yusuf Baba and investigating officer Nompilo Ngwenya, acted contrary to an August 8, 2025 High Court order which stipulated that the body should only be handled through the sheriff of the court and in the presence of designated individuals.
According to the letter, the matter had been before the Randburg Magistrates’ Court, where inquest proceedings on March 31, 2026 were adjourned to May 29 to determine whether they could proceed in light of the High Court ruling.
However, the family claimed SAPS proceeded with forensic processes before the issue was resolved.
They further cited a subsequent court order issued on April 22 by Justice Francis Subbiah directing that the body be returned to Two Mountains Burial Services or another mortuary nominated by the family, and explicitly barring its transfer to SAPS.
Despite this, the lawyers alleged that SAPS carried out a post-mortem, DNA sampling and identity verification without notifying or involving the family.
They also claimed that Zambian diplomatic representatives were present during the procedures, during which photographs and video recordings were taken.
“This conduct has caused profound distress and has, quite plainly, added insult to the family’s grief,” the lawyers said.
The family further alleged that authorities refused to disclose the location of the body when requested, raising concerns about transparency and legality.
They rejected suggestions that any lapse of an appeal justified the actions, arguing that such a lapse would instead reinforce the validity of the original court order.
The lawyers also questioned the basis for the forensic procedures, saying no credible evidence had been presented before a court to support claims of poisoning.
The family has demanded disclosure of all legal authority relied upon by SAPS and prosecutors, warning that failure to provide satisfactory explanations could result in legal action against the parties involved.
On Saturday, 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 on April 25th. 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.”
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