Lungu Burial Appeal Did Not Elapse, Court Orders Contradict Zambian Government’s Claims
JOHANNESBURG – The legal battle over the burial of Zambia’s former President Edgar Lungu has taken multiple dramatic turns, with new information revealing that the appeal case in South Africa never actually lapsed — contradicting earlier claims made by the Zambian government.
The confusion began when the government of Zambia announced it had taken custody of the late president’s body and was preparing to repatriate it to Zambia for burial. At the time, officials claimed that the family’s legal appeal had elapsed, clearing the way for state control of the remains.
However, subsequent court proceedings in South Africa have painted a very different picture.
Postmortem Conducted With Family Unaware
It later emerged that while the body was under the state’s effective control, a postmortem was carried out. According to court findings and family statements, the family was not made aware of this procedure, though a Zambian diplomat in South Africa was present.
Court Orders Government to Return Body
In a significant legal setback for Lusaka, a South African High Court ordered the Zambian government to return the body. A subsequent ruling went further, declaring that only the family would have access to the remains. The court stipulated that if the Zambian government required access to the body for any reason, it must first notify the Edgar Lungu family, obtain their consent, and seek explicit court authorization.
Government Ordered to Pay Mortuary Costs
Despite being stripped of the right to access the body, the Zambian government was ordered to cover the mortuary costs. The ruling cited the government’s earlier actions in taking custody of the remains, being ordered to return them, and proceeding with a postmortem without the family’s knowledge — all of which formed the basis for the financial penalty.
No Elapsed Appeal
Crucially, legal sources confirm that the family’s appeal never elapsed, directly contradicting the Zambian government’s initial public communication. The case remains active in South Africa’s legal system.
As of now, the late former president’s body remains in South Africa, with the family insisting on their legal right to determine burial arrangements, while the Zambian government continues to push for repatriation.
Further court proceedings are expected.