A South African court has granted the Zambian government permission to repatriate the remains of former President Edgar Lungu for a state funeral, despite objections from his family.
The ruling ends weeks of legal wrangling over his final resting place, reflecting deep political divisions between Lungu’s camp and the current administration.
Delivering judgment on Friday, Judge President Aubrey Ledwaba of the South African High Court said Zambia had the legal right to conduct a state burial for Lungu, who served as president from 2015 to 2021.
He emphasized that the funeral of a former head of state was a matter of public interest, outweighing the personal wishes of the deceased or his family.
Lungu, who died in June at the age of 68 in a South African hospital, had reportedly expressed a wish to be buried in South Africa.
His family also requested that President Hakainde Hichilema not attend or take part in the funeral, citing longstanding political hostility.
The Zambian government, however, argued that protocol required former presidents to be buried in their homeland.
Officials dismissed the family’s concerns as secondary to national tradition and the need to honor a former leader.
The burial dispute has reignited the bitter rivalry between Lungu and Hichilema, who were fierce political adversaries.
Their relationship was marred by high-profile confrontations, including Hichilema’s imprisonment in 2017 under Lungu’s presidency and Lungu’s later accusations of harassment by Hichilema’s government.
In court, prosecutors referenced past Zambian legal precedents affirming that state funerals are a national obligation for leaders of significant public standing.
“Even if a president has expressed a wish not to receive a state funeral, such a desire must be set aside in favor of public interest,” Judge Ledwaba ruled.
The decision prevents Lungu’s family from holding a private burial in South Africa on the planned date.
While they can still appeal, legal analysts say overturning the ruling would be difficult given the emphasis on national interest.
Zambian Attorney General Mulilo Kabesha welcomed the verdict, saying, “this is not about winning.
“It simply makes sense that the former president should be laid to rest in the country he once led.”
The case has sparked broader debate over whether personal wishes should prevail over state protocol in honoring national leaders.
As Zambia prepares for Lungu’s state funeral, it remains uncertain whether the event will foster unity or deepen the political rift that persisted until his death.
