Former Zambian president Edgar Lungu will be buried in South Africa after the Supreme Court of Appeal ruled on Tuesday, 23 June 2026, that his family, not the Zambian state, holds the right to decide.
The Supreme Court of Appeal in Bloemfontein overturned a 2025 Gauteng High Court order that had handed the Zambian government the right to fly the body home for burial with full state honours, as reported by EWN.
The appeal judges ruled that Lusaka had shown no legal right to override the family.
What the appeal court decided about Edgar Lungu
The court set aside the High Court decision and replaced it with an order dismissing the government’s application in its entirety, with costs awarded against the state.
Family spokesperson Makebi Zulu welcomed the outcome on behalf of former first lady Esther Lungu and the wider Lungu family.
Reacting on Tuesday, Zulu called the judgment a “significant vindication of the rule of law, constitutionalism, and the fundamental principles of human dignity, family autonomy, and respect for the expressed wishes of the deceased.”
He framed it as a win for ordinary families, not just for a former president.
Why Edgar Lungu’s burial reached a South African court
Lungu, who governed Zambia from 2015 to 2021, died earlier in 2026 while receiving medical treatment in South Africa.
A dispute erupted almost at once over where the former head of state should rest, with his relatives resisting a state-led funeral back home in Lusaka.
The family had argued that a postmortem was carried out without their approval and that Lungu had not wanted President Hakainde Hichilema’s administration involved in his send-off.
The standoff dragged on for months, with the body held in South Africa as the two sides fought through the courts.
Memorial services had already been held in South Africa while the legal fight continued, and Esther Lungu and her children remained firm that their husband and father would not be repatriated against his wishes.
The ruling now settles a question that had gripped both countries for much of the year.
What happens next after the Edgar Lungu ruling
Zambia’s government signalled it would not prolong the matter. Attorney General Marshal Kabesha said, “We will not be exercising our right to appeal to the Constitutional Court of South Africa,” shutting the final legal door and leaving the arrangements with the family.
Zulu confirmed the funeral “will take place here in South Africa, in accordance with the family’s wishes for a private ceremony,” and said details would follow soon. A cross-border row that strained ties between Lusaka and Pretoria now ends not with a state honour guard but with a family’s wishes upheld.
