In a contentious legal battle, Zambia’s government prevailed in a South African court on August 8, 2025, securing the right to repatriate the remains of former President Edgar Lungu for a state funeral in Zambia, contrary to his family’s wishes.
Lungu, who led Zambia from 2015 to 2021, passed away on June 5, 2025, in a Pretoria hospital while undergoing medical treatment. Despite government plans for a state funeral at Embassy Park in Lusaka, the Lungu family opted instead for a private burial in South Africa. They notably sought to exclude current President Hakainde Hichilema—Lungu’s political rival—from the proceedings, citing Lungu’s supposed wishes.
Zambia’s Attorney General, Mulilo Kabesha, invoked Article 177(5)(c) of the Zambian Constitution, arguing that former heads of state are entitled to state funerals as matters of national interest and are therefore not subject to personal or familial preference. Zambia’s case also referenced a legal precedent: the burial of founding President Kenneth Kaunda, whose personal funerary wishes were overridden in favor of burial at Embassy Park.
On June 25, 2025, just as Lungu’s funeral was to proceed in Johannesburg, a Pretoria High Court judge issued a temporary interdict halting the ceremony and postponing proceedings to August 4. The judge affirmed that consensus had been reached to pause the burial pending final judgment.
Finally, on August 8, 2025, the High Court delivered its landmark ruling: Lungu’s remains must be returned to Zambia, and he must receive a state funeral in Lusaka. The court underscored that national interest and protocol supersede individual or family wishes when it comes to former heads of state.
Attorney General Kabesha welcomed the verdict, stating that “it makes good sense that the former president of the Republic of Zambia should be buried in his own country,” even as the family has applied for leave to appeal.
