South Africa’s Constitutional Court has dismissed an application by the family of former Zambian President Edgar Lungu, seeking to overturn a Pretoria High Court decision regarding his final resting place. The ruling mandates that Lungu’s remains be repatriated to Zambia for a state funeral, aligning with national protocol and overriding the family’s preference for a private burial in South Africa.
Edgar Lungu, who served as Zambia’s president from 2015 to 2021, passed away on June 5, 2025, in Pretoria while undergoing medical treatment. Following his death, a dispute arose between his family and the Zambian government over the location and nature of his burial. The family expressed a desire to bury him in South Africa, citing personal reasons and a strained relationship with current Zambian President Hakainde Hichilema. In contrast, the Zambian government insisted on a state funeral in accordance with national law, which mandates that former presidents be buried in Zambia with full honors.
On August 8, 2025, the Pretoria High Court ruled in favor of the Zambian government, ordering that Lungu’s remains be repatriated for a state funeral. The family subsequently sought leave to appeal this decision to South Africa’s Constitutional Court. However, on August 26, 2025, the Constitutional Court denied their application, effectively upholding the High Court’s ruling. This decision underscores the precedence of national interests and legal frameworks over individual preferences in matters of state protocol.
The legal proceedings have highlighted the complex intersection of personal wishes, national law, and international jurisdiction. While the family maintained that Lungu had expressed a wish for a private burial and to exclude President Hichilema from the funeral, the courts emphasized the legal obligations of the Zambian government to honor its former leaders in accordance with established customs and laws.
The case has also brought to light the enduring political tensions between Lungu and Hichilema. Their rivalry, marked by events such as Lungu’s imprisonment of Hichilema in 2017, has continued to influence public discourse and perceptions of the funeral arrangements. The government’s insistence on a state funeral is seen as a reaffirmation of its authority and adherence to constitutional mandates.
As the legal avenues have been exhausted, arrangements are now underway for the repatriation of Edgar Lungu’s remains to Zambia, where he will be accorded a state funeral in line with national traditions. This resolution marks a significant moment in the intersection of legal authority, national protocol, and the legacy of a former head of state.
