A South African appeals court ruled on Tuesday that the family of former Zambian President Edgar Lungu holds the right to decide his burial location. This ruling overturns a lower court's order for the Zambian government to repatriate Lungu's body for a state funeral.
Edgar Lungu, who served as Zambia's president from 2015 to 2021, died in South Africa a year ago while undergoing medical treatment. His body has remained in South Africa as his family and the Zambian government debated his final resting place. The family prefers a private burial in South Africa, while the government sought to bury him at a site designated for former presidents in Zambia's capital, Lusaka.
This dispute underscores a broader political rivalry between Lungu and the current Zambian President, Hakainde Hichilema. Lungu's family contends that he would not have wanted President Hichilema present at his funeral. Lungu's presidency was marked by significant economic challenges, leading Zambia into deep debt and ultimately defaulting on its international debt in 2020. This financial crisis contributed to his election loss to Hichilema in 2021, setting the stage for ongoing political and personal tensions.
Zambia's Attorney General, Mulilo Kabesha, confirmed the government respects the South African court's decision, despite disagreeing with the majority judgment. Kabesha told Reuters, "We will not exercise our right to appeal to the Constitutional Court. We will not take the matter any further." This statement indicates the Zambian government's acceptance of the ruling, preventing further protracted legal battles.
The South African Supreme Court of Appeal stated that the Zambian government did not demonstrate a legal right under South African law to override the family's wishes. The court also rejected Zambia's claim of a binding agreement with the family regarding the funeral arrangements. Evidence presented showed ongoing negotiations rather than a finalised deal. This legal outcome emphasises the importance of family consent in burial matters, even for former heads of state.
This decision means the long-standing deadlock over Lungu's burial site has concluded. Look for implications regarding the relationship between the former first family and the current administration. President Hichilema is campaigning for re-election in August, making this political narrative particularly sensitive. The resolution allows the family to proceed with their preferred arrangements, closing a chapter in a sensitive political saga.