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The family of the late former President Edgar Lungu has told the South African High Court that the Zambian government has no legal authority over his burial, insisting that the right to make burial arrangements lies solely with the surviving spouse and immediate family.
In documents filed in opposition to the Zambian government’s urgent application to repatriate Mr. Lungu’s remains, the family argued that there is no valid will or testament authorising the state to intervene in the burial process, nor any instruction that he wished to be buried in Zambia.
They stated that Mr. Lungu had made it clear—both privately and publicly—that he did not want to be buried under the current administration or have the current President attend or preside over his funeral.
The family claims these wishes were consistently communicated to them during his lifetime and further underscored by his decision to remain in South Africa for medical treatment until his death.
They allege that his decision to seek treatment abroad was driven by the government’s withdrawal of his benefits and his fears of politically motivated medical neglect in Zambia—factors they claim contributed to his deteriorating health and eventual death.
The family is now seeking a cost order against the Zambian government, citing emotional and financial distress caused by the abrupt cancellation of funeral arrangements that were scheduled for June 25, 2025. They say significant expenses were already incurred for the funeral home, venue, transport, clergy, and security services, all in line with Mr. Lungu’s expressed wishes.
They argue that the government’s last-minute legal action forced them to cancel the planned funeral.
The family further contends that no binding agreement was ever reached with the state for a state funeral. They insist that any earlier discussions did not result in a formal arrangement, particularly after the government allegedly insisted on the involvement of the sitting President—something they say would have violated Mr. Lungu’s explicit instructions.
Even if any agreement had existed, the family says they have since cancelled it, citing misrepresentation by the state.
They argue that under South African case law, the right to determine burial arrangements lies with the surviving spouse, and that Zambian law does not supersede next-of-kin rights in this matter.
The family also questioned the government’s legal standing in the case, stating that it is neither a family member, legal representative, nor the executor of Mr. Lungu’s estate.
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