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Edgar Lungu’s Family Loses Final Appeal in Burial Dispute with Zambian Government
Pretoria court delivers ruling
The Gauteng High Court in Pretoria has closed the chapter on a tense legal battle over the burial of former Zambian president Edgar Lungu. His family had sought to overturn an earlier ruling that prevented them from burying him in South Africa. Their appeal was dismissed with costs, leaving no path forward in the South African courts.
Lungu died on 5 June in Pretoria at the age of 68 while on a medical visit. His death sparked immediate disagreement between his family and the Zambian state over where his final resting place should be.
The heart of the dispute
The family argued that Lungu should be laid to rest in South Africa and challenged the application of Zambian law on foreign soil. The court rejected this, pointing out that the former president had been in South Africa temporarily and remained subject to the benefits and honours afforded to him by his home country.
Crucially, the court highlighted that Lungu still held the status of a former president. This entitled him to burial benefits funded by the Zambian government. It also confirmed that the agreement reached between his family and the state to conduct a state funeral in Zambia remained binding.
Family objections and the state’s position
Part of the family’s resistance stemmed from Lungu’s own reported wishes. He is said to have instructed that President Hakainde Hichilema should not attend or speak at his funeral. The court, however, dismissed this as insufficient to override the state funeral arrangements already agreed upon.
The judges also made it clear that disputes over burial rights are not uncommon in South African courts but noted that the law recognises no commercial value in a corpse. The family’s attempts to frame the matter as a constitutional issue about spousal and children’s rights were similarly rejected.
Legal conclusion
The Pretoria court’s final ruling left no room for further appeal. It found no compelling constitutional questions and no reasonable prospects of success for escalation to the Supreme Court of Appeal.
This means that Lungu’s remains will be repatriated to Zambia, where the government has promised to honour him with a state funeral. The decision brings to a close a case that has drawn attention across the region, not only for its legal complexity but also for its deep political undertones.
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Source: The Citizen
Featured Image: Facebook/Diamond TV Online
