PRETORIA – Two months after his death in a South African hospital, Zambia’s former president Edgar Lungu remains unburied, caught in a protracted and bitter legal battle between his family and the Zambian government.
The 68-year-old former head of state died on the morning of 5 June at Mediclinic Medforum in Pretoria, following cardiac complications arising from surgery.
Despite his significance in Zambia’s political history, his body still lies in a funeral home in South Africa, his burial indefinitely delayed.
Legal Tug-of-War Over Burial Rights
At the heart of the dispute is a fundamental disagreement over who holds the right to determine Lungu’s final resting place, and under what terms.
The matter is now before the Gauteng High Court in Pretoria, where the Lungu family’s lawyers are seeking the dismissal of what they have described as a “cruel and politically motivated” attempt by the Zambian State to take unilateral control of the funeral arrangements.
Government’s Demands
According to court documents, the Zambian government is asking for three key reliefs:
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Exclusive rights to repatriate the late president’s body
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Authority to take custody of his remains without family involvement
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Power to decide who may accompany the body, under conditions it sets
Family Pushes Back
The family has argued that these moves are not only legally unfounded, but also deeply insensitive.
Their lawyer, Makebi Zulu, appeared on a live broadcast hosted by former diplomat Emmanuel Mwamba to lay out their case.
The programme, streamed from both South Africa and the United States, drew over 8,000 viewers.
“They are playing rugby in a football match. The State is asking the court to bless a breach disguised as protocol,” – Makebi Zulu
Zulu noted that the Zambian government had not asked for specific performance, meaning they are not legally seeking enforcement of any formal agreement with the family.
“There is no legal clarity in their application. It is all rhetoric dressed up as legal argument.”
Leadership and Empathy
Zulu also accused President Hakainde Hichilema and the First Lady of failing to show basic courtesies to the bereaved.
“If I were President Hichilema, the first thing I would have done is call the widow. If not me, at least send the First Lady,” – Zulu
He said neither the President nor the First Lady has visited the Lungu funeral house or contacted former First Lady Esther Lungu since the former president’s passing.
“Leadership requires empathy. When even the bereaved are denied the dignity of a phone call, what else can we call it but cruelty?”
Not Opposed to Burial in Zambia
The family insists they are not opposed to burying Lungu in Zambia, but they emphasize that his final wishes must be respected—particularly his desire not to have President Hichilema involved in the funeral.
Their legal team also cited South African law, which gives next of kin the legal right to decide on burial arrangements.
Reportedly, Zambia’s attorney general conceded this point in court, further weakening the government’s claim.
Without a written will, the family argues they are best placed to honour the deceased’s intentions.
“The government is trying to strip the family of dignity, disguise it as protocol, and then call it unity,” said Zulu.
Documentation Dispute
Meanwhile, the Zambian government has reportedly demanded documented proof of Lungu’s funeral preferences.
However, the family maintains that under the law, such documentation is unnecessary.
