Zambia govt petitions South African court, takes legal action to halt late Lungu’s burial outside his home country

The widow of the late President Edgar Chagwa Lungu, Esther Nyawa Lungu, along with members of the Lungu family, have been taken to court by the Zambian Government in a bid to stop his planned burial in South Africa—escalating a state-versus-family dispute just 20 days after his death.

In a lawsuit filed before the Gauteng Division of the High Court in Pretoria, Attorney General Mulilo Kabesha SC, acting on behalf of the State, is seeking an interim interdict to halt the burial of Zambia’s sixth Republican President.

The government’s urgent application is premised on public interest, citing a constitutional obligation to accord a former Head of State a state funeral in line with Zambian law, customs, and military protocols.

Filed under Article 177(5)(c) of the Zambian Constitution—which empowers the Attorney General to act in matters of public interest—the case is scheduled to be heard at 08:00 hours on Wednesday, June 25, 2025, in Pretoria.

The legal action names former First Lady Esther Lungu, the late President’s children—Bertha, Tasila, Chiyesu, and Dalitso—along with Charles Phiri and lawyer Makebi Zulu. The State seeks to compel them to allow Dr. Lungu’s burial in Zambia with full honours.

Read More: South African govt vows to respect Lungu family’s decision to bury him in their country (Video)

Also cited in the case is Two Mountains Pty, the South African mortuary currently holding the late President’s remains.

Attorney General Kabesha argued that a state funeral is not a private ceremony but a national event governed by law. He stated that even if Dr. Lungu had expressed a wish not to receive a state funeral—a claim the State disputes—such a preference cannot override national interest.

Mr. Kabesha further referenced the legal precedent set in the burial of Zambia’s founding President Dr. Kenneth Kaunda, whose personal burial preferences were overridden by the courts in favour of interment at Embassy Park, the official presidential burial site.

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