In a case that has gripped both Zambia and South Africa, the family of former Zambian president Edgar Lungu has lost its final legal bid to keep his remains in South Africa for burial, following a decisive ruling by the Pretoria High Court. The court’s decision, handed down on Tuesday, September 16, 2025, confirmed that the Zambian government retains the right to repatriate and bury its former leader in his homeland—a verdict that brings to a close a contentious and emotionally charged legal dispute.
Edgar Lungu, who governed Zambia from 2015 to 2021, died at the age of 68 in a South African hospital in June 2025. His passing set off a storm of controversy when his family declared their wish to have him laid to rest in South Africa, far from the political fray and public scrutiny of his home country. The family also sought to prevent current Zambian president Hakainde Hichilema from attending or speaking at any state funeral service, citing deep-seated political enmity between the two men.
According to the Associated Press, the Pretoria High Court had already ruled in August 2025 that the Zambian state had the legal authority to claim Lungu’s remains and organize a state funeral on its own soil. The judgment ordered that his body be handed over to Zambian authorities, effectively rejecting the family’s wishes. Not content with this outcome, Lungu’s relatives mounted an appeal, arguing for the right to bury him in South Africa and to exclude President Hichilema from the proceedings.
On Tuesday, the court reaffirmed its stance, denying the family leave to appeal. In its judgment, the court stated, “We are satisfied that no compelling reasons exist to grant leave to appeal simply because the matter is so fact specific that there is very little to no prospects that the same set of facts will confront a court again.” The judges emphasized that the unique circumstances surrounding the case made it unlikely that a higher court would reach a different conclusion, effectively closing the door on further legal challenges.
The roots of this dispute stretch deep into Zambia’s recent political history. Edgar Lungu and Hakainde Hichilema were not just rivals—they were, by all accounts, sworn adversaries. Their antagonism reached a dramatic peak in 2017, when Hichilema, then an opposition figure, was imprisoned during Lungu’s presidency. This episode left a lasting scar on Zambian politics, and the bitterness between the two men remained palpable even after Lungu left office in 2021.
In 2024, the tension escalated further. Lungu publicly accused Hichilema’s government of using the police to harass him and restrict his movements. According to Newsday, Lungu’s family echoed these concerns, alleging that the Zambian authorities had initially prevented the former president from traveling to South Africa for medical treatment—a charge that the government vehemently denied. The government’s position was that Lungu had always been free to seek medical care abroad, and that any delays were unrelated to official interference.
The family’s mistrust of the current administration was so profound that they sought to bar President Hichilema from participating in Lungu’s funeral rites. This request was not only a reflection of personal animosity but also a pointed commentary on the broader political climate in Zambia, where the legacy of past conflicts continues to shape public life and private grief alike.
For many Zambians, the controversy over Lungu’s burial has been about more than just the fate of one man’s remains. It has raised difficult questions about the intersection of politics, tradition, and the law. Should a former president’s family have the final say over his resting place, or does the state have a duty to honor its leaders with official ceremonies? And what happens when personal wishes collide with national interests?
The Pretoria High Court’s decision was clear: in this case, the rights of the state outweighed the preferences of the family. The court’s rationale was rooted in the principle that the burial of a former head of state is a matter of public significance, not just private mourning. “There is very little to no prospects that the same set of facts will confront a court again,” the judgment noted, underscoring the exceptional nature of the dispute.
Throughout the proceedings, Lungu’s family maintained that their requests were motivated by concern for his dignity and legacy. They argued that a burial in South Africa would spare him the indignities of political theater and allow for a more peaceful farewell. Yet, for the Zambian government and many of its supporters, bringing Lungu home was a matter of national pride and historical continuity—a way to honor the office, if not always the man.
The government’s insistence on a state funeral also reflects a broader pattern in African politics, where the deaths of former leaders often become focal points for debates about reconciliation, justice, and memory. In Zambia, as in many countries, the burial of a former president is both a symbolic and practical event, carrying implications for how the nation remembers its past and moves forward.
While the legal battle has now ended, the emotional and political fallout may linger. Supporters of Lungu have expressed disappointment at the court’s decision, viewing it as yet another instance of their grievances being overlooked by officialdom. Meanwhile, allies of President Hichilema see the ruling as a necessary affirmation of the rule of law and the prerogatives of the state.
It is worth noting that the Zambian government, for its part, has consistently denied any wrongdoing in its dealings with Lungu or his family. Officials maintain that they have acted within the bounds of the law and have sought only to honor the former president in accordance with national customs. Whether this explanation satisfies all parties is another matter entirely.
As Zambia prepares to receive the remains of Edgar Lungu, attention now turns to the logistics and symbolism of the impending state funeral. Will President Hichilema attend, and if so, what will he say? Will the ceremony serve as a moment of national unity, or will it deepen existing divisions? Only time will tell.
For now, the Pretoria High Court’s ruling stands as the final word on a case that has blended law, politics, and personal grief in equal measure. The remains of Edgar Lungu will return to Zambia, where the next chapter in this complex story will unfold.
