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The family of late former President, Edgar Lungu, has suffered a major legal setback after South Africa’s Constitutional Court refused to hear their urgent bid to stop the Zambian government from repatriating his remains for a State funeral and burial.
In a ruling delivered by Acting Registrar Dunisani Mathiba, the apex court dismissed the direct appeal, stating that no case had been established to warrant its intervention.
“The Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused,” the order read.
Read more: Court adjourns ex-president Lungu burial pending constitutional review
The ruling means the family’s legal battle reverts to the Gauteng Division of the High Court in Pretoria, where they are seeking leave to appeal to South Africa’s Supreme Court against an earlier judgment permitting the Zambian government to take custody of the former president’s body.
The High Court had last week adjourned the matter indefinitely, pending the Constitutional Court’s decision.
The appeal was led by former First Lady Esther Lungu, who argued that the High Court ruling infringed upon the family’s constitutional rights to dignity, privacy, and autonomy in making burial arrangements.
She insisted that South African law should govern the matter since the remains are in Johannesburg.
“The order unjustly stripped the family of its inherent right to determine the manner and place of President Lungu’s burial,” her affidavit stated.
Mrs. Lungu also contested the government’s reliance on a document referred to as “FAA7” as evidence of an agreement, stressing that further negotiations with Zambian officials in June had shown no binding consensus was reached.
The former head of state died on June 5, 2025, in South Africa, where he had travelled for cancer treatment.
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