The family of former Zambian President Edgar Lungu has won its appeal to bury his body in South Africa. This ruling by the Supreme Court of Appeal overturns a high court decision that would have allowed the Zambian government to repatriate his body.
This outcome stems from a prolonged disagreement between Lungu's family and the Zambian government over his final resting place. The government insisted on a state burial in Zambia, alongside other former presidents, but the family sought a private ceremony. The former president died in Pretoria, South Africa, more than a year ago.
This dispute underscores a deeper political tension between ex-President Lungu and his successor, President Hakainde Hichilema. Data from previous political cycles show a contentious power transition in Zambia. The court’s decision reflects an ongoing narrative of political rifts post-presidency in several African nations.
Justice Raylene May Keightley stated in Tuesday's judgment, "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." This highlights the deeply personal and political nature of the legal battle. The court noted Lungu considered himself "persona non grata" in Zambia, believing he would not receive a dignified send-off if his successor was involved.
All eyes will now be on the Zambian government's reaction as its legal team awaits further instructions. This ruling could prompt ongoing diplomatic and political exchanges between South Africa and Zambia. The decision may also influence future protocols for state funerals involving former heads of state who die abroad.
Previously, in August, the high court in Pretoria ruled that Zambia's government could repatriate the body. This ruling allowed for a state funeral in Zambia, which visibly distressed Lungu's relatives. The family immediately appealed against that initial decision.
In a surprising turn in April, the Zambian government announced that Lungu’s remains had been “formally transferred” to the state. However, the same South African court promptly ordered the body's return just hours later. These conflicting directives created significant confusion and prolonged the legal battle.
Lungu, who served as Zambia's president from 2015 to 2021, had a notable rivalry with Hichilema. Hichilema led the opposition for many years before finally defeating Lungu. The former president's death, at 68 from an undisclosed illness, was followed by chaos regarding mourning arrangements.
During that chaotic period, mourners received conflicting information from the government and Lungu’s political party, the Patriotic Front (PF). Two separate mourning periods were announced, and at one point, competing condolence books were available. Lungu's family explicitly stated he did not wish Hichilema to attend his funeral or be near his body.