More than a year after the death of Zambia’s former President Edgar Lungu, his family have won their appeal to have his body buried in South Africa where he died – overturning a high court ruling that allowed the Zambian government to repatriate the corpse.
Tuesday’s Supreme Court of Appeal judgement finally puts to rest the legal battle over what should happen to his remains following a long-standing feud between Lungu and his successor, President Hakainde Hichilema.
The Zambian government has said while it disagrees with the ruling it will “not be taking the matter any further”.
It had long argued that, as a former head of state, Lungu should be honoured in the country.
The Zambian government wished to see him laid to rest alongside his predecessors in the special presidential burial ground in the capital, Lusaka.
But Lungu’s family wanted a private burial after negotiations with the government over the funeral arrangements broke down.
“The very ritual intended to bring closure has, instead, pitted family against the state in a hard-fought legal dispute far from the protagonists’ home,” said Justice Raylene May Keightley in Tuesday’s judgement.
Last August, the South African high court in Pretoria ruled that Zambia’s government could repatriate the body and give him a state funeral – an outcome that left Lungu’s relatives visibly distraught in the courtroom.
The family appealed against the decision but, in a surprise announcement in April Zambia’s government said Lungu’s remains had been “formally transferred” to the state by the South African court.
But just a few hours later, the same South African court ordered the Zambian government to return the body until the matter went to court again.
The former president died of an undisclosed illness aged 68 at a clinic in Pretoria. Chaos ensued following his death, with mourners receiving conflicting information from the government and Lungu’s political party, the Patriotic Front (PF).
Two separate mourning periods were announced and at one point there were competing condolence books.
Lungu, who led Zambia from 2015 until 2021, had numerous rows with Hichilema, who was the opposition leader for many years before finally unseating his bitter rival.
After Lungu’s death, his family said the ex-president did not want Hichilema to be at his funeral or “anywhere near” his body.
In this latest ruling at the Supreme Court of Appeal, the judges said it was clear that the former president “viewed himself to be persona non grata in his own country” of Zambia and “felt that he would not be afforded a dignified send-off” if his successor was present.
Additional reporting by Nomsa Maseko in Johannesburg
