Edgar Lungu’s Family Wins Right to Bury Him in South Africa

Who Was Edgar Lungu?

Edgar Lungu served as Zambia’s president from 2015 to 2021. In June 2025 he passed away while receiving medical care in Johannesburg, South Africa. His death sparked a disagreement over where he should be laid to rest.

The Dispute Over His Burial

Government’s Position

The Zambian government wanted Lungu’s body returned to Zambia for a state funeral. They argued that, as a former head of state, his remains belonged to the nation.

Family’s Position

Lungu’s wife, Esther Lungu, and other relatives insisted that the former president had expressed a wish to be buried privately in South Africa. They said the government had no authority to override his personal wishes.

How the Courts Got Involved

First Ruling – Gauteng High Court

Initially, the Gauteng High Court in Pretoria sided with the Zambian government. It issued an order to stop any private burial plans and supported the idea of repatriating the body.

Family’s Appeal

The Lungu family challenged that decision, claiming it violated their rights and ignored Lungu’s last wishes. They took the case to the Supreme Court of Appeal (SCA).

Supreme Court of Appeal’s Decision

Key Points of the Ruling

• The court said there was no proof that the Zambian government had consent to move Lungu’s body.
• It stressed that families’ rights and the deceased’s expressed wishes must be respected.
• The appeal was allowed, and the High Court’s order was overturned.
• The family will be reimbursed for legal costs, including fees for two lawyers if they were appointed.

What the Judges Said

The SCA wrote: “In the absence of proof of consent, the Zambian government has no right to repatriate and rebury Lungu’s body.” They also emphasized that dignity, family autonomy, and respect for the deceased’s wishes are fundamental principles.

Family’s Reaction

Following the ruling, Esther Lungu released a statement:

“This judgment is a significant affirmation of the rule of law, constitutionalism and the fundamental principles of human dignity, family autonomy and respect for the expressed wishes of the deceased. The court has spoken clearly and done justice.”

The family thanked the judges for carefully reviewing the facts and the law, and for recognizing that Lungu’s wishes and their rights must be honored.

Background Allegations

Earlier, the family had accused Zambian authorities and South African police of illegally removing Lungu’s remains and performing an autopsy without permission, allegedly defying a court order. Those claims added tension to the case but were not the focus of the final ruling.

What This Means for Similar Cases

Respecting Personal Wishes

The decision reinforces the idea that, unless there is clear legal authority, families have the right to decide how and where a loved one is buried.

Legal Precedent

Future disputes over burial arrangements may look to this ruling as a reference point, especially when the deceased’s wishes are known and documented.

Conclusion

The Supreme Court of Appeal’s verdict gives Edgar Lungu’s family the legal backing to bury him in South Africa as he wished. It highlights the importance of respecting personal wishes, family rights, and the rule of law—principles that matter to everyone, no matter their age.