South Africa's appeals court grants Lungu's family burial right

Lead

South Africa's Supreme Court of Appeal has ruled that the family of former Zambian President Edgar Lungu has the legal authority to determine his burial, allowing him to be laid to rest in South Africa. The judgment, delivered on Tuesday, overturns a previous high court ruling that had granted the Zambian government permission to repatriate Lungu's remains for burial in Zambia.

Coverage comparison

Africa News reported that the Supreme Court of Appeal ruled in favor of Lungu's family, noting that the legal battle played out while Lungu's body was at a mortuary. AllAfrica described the judgment as a landmark decision, emphasizing that the appellate court dismissed the government's application in its entirety and ordered it to pay legal costs. BBC — World coverage noted that the ruling overturns a previous high court decision and that the family wanted a private burial after negotiations with the government broke down.

All three reports agree that the court sided with the family, but there are differences in emphasis. Africa News highlighted the feud between Lungu and President Hakainde Hichilema as a driving factor, while BBC — World mentioned the long-standing political rivalry but focused more on the legal process. AllAfrica emphasized the constitutional basis of the ruling.

Key Claims

Edgar Lungu died at age 68 on June 5, 2025, of an undisclosed illness at a clinic in Pretoria, according to BBC — World and Africa News. The family decided to bury him in South Africa, with Africa News reporting that this was due to his feud with President Hichilema. BBC — World noted that the family wanted a private burial after negotiations over funeral arrangements broke down.

The Zambian government sought to repatriate his remains for burial with full state honors in the special presidential burial ground in Lusaka, as reported by AllAfrica and BBC — World. In a ruling on Tuesday, the Supreme Court of Appeal overturned a 2025 Gauteng High Court decision that had allowed the government to take the body back to Zambia.

Delivering the majority judgment, Justice R.M. Keightley held that South African constitutional protections for dignity, privacy, and family autonomy, along with common law principles, supported the family's position. The court found no convincing evidence that Zambian law or custom granted the state the power to decide burial arrangements against the wishes of relatives, as reported by AllAfrica.

In its decision, the court also rejected arguments that the government had reached a binding agreement with the family, and it noted the government had not presented expert evidence to support its claim that former Zambian heads of state must be buried according to specific protocols. Africa News reported that the court ruling may not be the final word: the Zambian government could appeal to the Constitutional Court.

Perspectives

Lungu family: The family, including former First Lady Esther Lungu, asserted their right to decide the burial and wanted a private ceremony, honoring what they said were Lungu's last wishes that Hichilema not come near his body or preside over a state funeral.

Zambian government: The government argued that as a former head of state, Lungu should be buried in Zambia with full state honors, and sought to repatriate his remains. The government's lawyers now await instruction on whether to appeal to the Constitutional Court.