More than six months after the death of former Zambian President Edgar Chagwa Lungu, his remains continue to lie in a South African morgue, ensnared in a protracted legal and emotional tug-of-war between his family and the Zambian government. As of December 23, 2025, the latest twist in this saga came when South Africa’s Supreme Court of Appeal granted the Lungu family permission to challenge a prior High Court ruling that favoured repatriation of the body to Zambia.
This decision prolongs the uncertainty, highlighting deep-seated political divisions and questions of national versus personal dignity in one of Africa’s most unusual posthumous disputes.
Lungu, who served as Zambia’s sixth president from 2015 to 2021, passed away on June 5, 2025, at the age of 68 in a South African hospital following an undisclosed illness.
A lawyer by training and a key figure in the Patriotic Front (PF) party, Lungu had risen from humble beginnings in Zambia’s Eastern Province to lead the nation during a period marked by economic challenges and political turbulence. His presidency ended in defeat to Hakainde Hichilema of the United Party for National Development (UPND) in the 2021 elections, amid allegations of electoral irregularities and governance issues. Post-presidency, Lungu remained active in opposition politics, often clashing with the new administration over claims of harassment and attempts to bar him from future polls.
The conflict erupted almost immediately after his death. Lungu’s family, led by his widow Esther Lungu and children including Tasila and Dalitso, announced plans for a private burial in South Africa, where he had been receiving medical treatment.
They argued that this aligned with Lungu’s personal wishes, particularly his desire to exclude President Hichilema from any involvement in his funeral rites.
Sources close to the family revealed that Lungu had expressed deep animosity toward Hichilema, stemming from years of rivalry. This included Hichilema’s imprisonment in 2017 under Lungu’s administration on treason charges that were later dropped, and subsequent accusations by Lungu that the UPND government had placed him under house arrest and interfered in court cases to prevent his political comeback.
The family views the burial as a strictly private affair, rooted in considerations of dignity, religion, and cultural autonomy.
In legal filings, they contended that South African law should govern the matter since Lungu died there, emphasizing that decisions about remains should not be overridden by foreign governmental claims.
Bertha Lungu, the former president’s elder sister, has publicly expressed the family’s distress, breaking down in court during hearings.
By opting for South Africa, the family seeks to avoid what they perceive as politicization of the funeral by the Zambian state, ensuring a ceremony free from the influence of their political adversaries.
In stark contrast, the Zambian government, under President Hichilema, insists on repatriating Lungu’s body for a state funeral with full military honors at Embassy Park in Lusaka, the designated burial site for former heads of state.
Officials argue that as a former president, Lungu “belongs to the nation” and that national traditions demand a public send-off to allow Zambians to pay their respects.
The government has prepared a presidential grave and canceled initial state funeral plans when the family refused cooperation.
They maintain that private wishes cannot supersede public interest and legal protocols for dignitaries, citing Zambian law that mandates state involvement in such matters.
Critics, including PF members, have accused Hichilema of obsession with controlling the funeral, suggesting it’s an extension of their bitter rivalry.
The dispute has played out in South African courts, given the location of the remains. On June 25, 2025, the Pretoria High Court issued an urgent injunction halting the private burial on its scheduled day, after the Zambian government applied for relief.
A full hearing on August 8 ruled in favor of the government, ordering the family to surrender the body immediately for repatriation.
The family appealed, but South Africa’s Constitutional Court dismissed their bid on September 16, upholding the High Court’s decision. Mediated talks between the parties, initiated in September, failed to yield a resolution.
The December 11 granting of leave to appeal by the Supreme Court of Appeal, heard by Justices Makgoka JA and Steyn AJA, marks a potential turning point.he family challenges the High Court’s interpretation of a draft funeral program as binding and the application of Zambian law without sufficient evidence.
Costs from prior proceedings are deferred to the main appeal, with stipulations for progression.
