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The remains of former Zambian President Dr. Edgar Chagwa Lungu will remain in South Africa—for now—after his widow and family successfully filed an urgent appeal against a Pretoria High Court order permitting the Zambian government to repatriate his body for a state funeral.
The South African High Court, Gauteng Division in Pretoria, had earlier ruled in favor of an application by Zambia’s Attorney General, Mulilo Kabesha, authorizing the release and immediate repatriation of Lungu’s body to Zambia for burial at Embassy Park in Lusaka.
However, in response, the Lungu family launched an urgent appeal challenging the court’s entire ruling. Under South African law, a notice of appeal typically results in an automatic suspension of the execution of a judgment, unless exceptional circumstances are proven. This principle, grounded in Section 18 of the Superior Courts Act of 2013, effectively pauses any enforcement until the appeal is resolved.
As a result, Lungu’s body will remain in Pretoria until the legal process concludes. Reports indicate private security has been deployed to safeguard the remains after several unauthorized attempts were made to remove the body.
Legal experts say any attempt by the Zambian government to repatriate the remains before the appeal is heard could violate South African law. The Sheriff of the Court is also not expected to authorize enforcement while the appeal is pending.
The Court’s Ruling
In a landmark decision, Judge Aubrey Ledwaba, sitting with two other judges, had ordered Two Mountains Funeral Services—the funeral parlour housing the body—to surrender the remains to representatives of the Zambian High Commission for immediate repatriation.
The judgment explicitly authorized the Zambian government to conduct a state funeral and burial for Lungu at Embassy Park. It also allowed Lungu’s family members, legal counsel, physician, and an Aide De Camp to be present and accompany the coffin during repatriation.
Significantly, the court ruled that public interest outweighs the personal wish of the late president not to receive a state funeral, referencing a 2021 Zambian case (The People v Secretary to the Cabinet Ex parte Kaweche Kaunda) which affirmed that national figures of public importance may be honored despite personal or family preferences.
Judge Ledwaba further stated that the late President deserved to be buried with dignity befitting his status, and such honors were consistent with international norms for former heads of state.
Legal Jurisdiction and Dispute Origins
In determining jurisdiction, the court examined legal principles surrounding lex causae—the applicable law in a cross-border dispute—and found that Lungu’s nationality, domicile, and family connections pointed to Zambian law as the most relevant legal framework.
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President Lungu passed away on June 5, 2025, in a private hospital in South Africa at the age of 68. On June 24, Zambia’s Attorney General filed an urgent application seeking to preserve the body and prevent its burial in South Africa, following reports that the Lungu family had intended to hold a private funeral abroad due to unresolved tensions with the Zambian government.
The next day, the Pretoria High Court temporarily suspended all burial plans pending a full hearing of the government’s request to repatriate the body. After the initial ruling, Attorney General Kabesha welcomed the court’s decision, saying it “makes good sense” because Lungu “belonged to Zambia.” Lungu served as Zambia’s President from 2015 until 2021.
