Court Orders Ex-President Lungu’s Burial in Zambia Against His Wish

Former Zambian President Edgar Lungu passed away on June 5, 2025, in a South African hospital while undergoing medical treatment. Almost immediately, his family and the Zambian government clashed over his intended burial.

The Lungu family, led by his widow and supported by a spokesperson, stated that President Hakainde Hichilema  Lungu’s political rival should not attend the funeral, as per Lungu’s personal wishes. They opted for a private burial in South Africa.

The Zambian government, citing national protocol and legal obligations, countered that a former head of state must receive a state funeral in Zambia, with full military honors at the official presidential burial site in Lusaka, where all other ex-presidents are interred.    

On June 25, as mourners gathered in Johannesburg’s Cathedral of Christ the King, a Pretoria High Court intervened, issuing an urgent interdict to halt the private burial just hours before it was scheduled. The court deferred the final decision to a later hearing, respecting a prior pause agreement between both parties.     

After a prolonged legal battle, a full bench of the Pretoria High Court delivered a decisive ruling on August 8, 2025.The court held that a former president’s personal and familial wishes are subordinate to the national interest. It ruled that Zambian law mandates a state funeral and therefore the body must be repatriated to Zambia immediately for burial at Embassy Park with full honors.      

The Lungu family was instructed to surrender his remains to a designated Zambian judicial representative without delay. A state funeral was to be conducted in Lusaka, honoring both law and national protocol.     

Zambia’s Attorney General Mulilo Kabesha welcomed the ruling, stating it made “good sense” for a former president to be laid to rest in his own country, despite acknowledging the emotional difficulty.     

The Lungu family promptly applied for leave to appeal. Their appeal keeps the legal conflict unresolved for the moment, even though the current ruling stands.   

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