Home AfricaImpasse Over Edgar Lungu’s Final Resting Place Heads Back to Pretoria High Court

Impasse Over Edgar Lungu’s Final Resting Place Heads Back to Pretoria High Court

Edgar Lungu

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Edgar Lungu

By Thabo Mosia

Impasse Over Edgar Lungu’s Final Resting Place Heads Back to Pretoria High Court. The impasse over the final resting place of former Zambian President Edgar Lungu heads back to the High Court in Pretoria today for a final determination on the matter, with the Zambian government pushing hard to repatriate his body for a state funeral and burial in Embassy Park, Lusaka, while his family fights to keep him in South Africa where he passed away two months ago. This emotional and political tug-of-war, rooted in old rivalries and questions over his entitlements, has left Lungu’s remains in a funeral home limbo, delaying closure for a nation still mourning a leader who shaped Zambia’s recent history.

Bitter Feud Delays Burial for Two Months

Edgar Chagwa Lungu, Zambia’s sixth president who served from 2015 to 2021, died on 5 June 2025 in Johannesburg, South Africa, at the age of 66 after a short illness. He had been getting medical care there for an undisclosed health issue, far from his home in Lusaka. His death shocked many in Zambia, where he was seen as a champion for the poor by some and a divisive figure by others due to claims of corruption and economic woes during his time in office.

What should have been a time for national grieving has turned into a drawn-out court battle. Lungu’s family planned a private burial in Johannesburg on 25 June 2025, but just hours before it started, the Pretoria High Court stepped in with an urgent order to stop it. This came after Zambia’s Attorney General, Mulilo Kabesha, filed papers arguing that the government has the right to bring the body home for a full state funeral with honours. The family agreed to the halt, but only until the court could make a final call – set for today, 4 August 2025.

For over two months now, Lungu’s body has stayed in a South African funeral home, with no grave dug and no last rites done. This unusual delay has sparked public anger in Zambia, where folks feel robbed of a chance to say goodbye properly. Social media buzzes with debates, some backing the family’s wish for a quiet send-off in South Africa – where Lungu had ties through friends and business – while others side with the government, saying a former leader deserves a hero’s farewell at Embassy Park, the resting spot for Zambia’s past presidents like Kenneth Kaunda and Michael Sata.

The Zambian government charges in papers that while former President Lungu’s benefits were suspended when he became engaged in active politics, that impediment fell away upon his passing. As a result, Lungu became entitled to a state funeral and the Zambian government acquired the right to accord him such.

Roots of the Dispute: Politics, Benefits, and Old Grudges

At the heart of this mess is a mix of law, politics, and personal bad blood. Lungu lost the 2021 election to Hakainde Hichilema of the United Party for National Development (UPND), ending his Patriotic Front (PF) rule marked by debt crises and claims of vote-rigging. After leaving office, Lungu jumped back into politics, trying to lead the PF again and even hinting at a 2026 comeback. This move led Hichilema’s government to strip him of perks like security, cars, and a pension – saying ex-presidents cannot play active politics under Zambian law.

But when Lungu died, the government says those blocks lifted, giving him back the right to state honours under the Former Presidents’ Benefits Act. This includes a grand funeral paid by taxpayers, with military salutes, a national holiday, and burial at Embassy Park – a green spot in Lusaka holding Zambia’s heroes. Kabesha’s court papers ask for a declaratory order to confirm this, letting Zambia fly the body home on a special flight and hold a public viewing for thousands to pay respects.

Lungu’s family, led by his widow Esther and kids like Daliso, see it differently. They want him buried in South Africa, close to where he spent his last days and perhaps to avoid the spotlight of a state event run by his rivals. Reports say the family fears the government might use the funeral for political gain, given the bad blood. Hichilema’s team has faced heat for probing Lungu’s allies on graft, seizing assets, and even jailing some – moves the PF calls a witch-hunt.

This row echoes past Zambian dramas, like the 2014 fight over Michael Sata’s body, where his family clashed with the government over control. But this is the first time a Zambian leader’s remains are stuck abroad, turning it into a cross-border headache involving South Africa’s courts. Pretoria got involved because Lungu died there, and his will or family wishes might tie to local laws on estates and burials.

Court Battle: What Happened So Far and What’s at Stake Today

The case kicked off with Kabesha’s urgent bid on 24 June 2025, just before the planned Johannesburg burial. Judge Edwin Molahlehi heard arguments and issued an interdict by agreement, stopping the funeral until a full hearing. Both sides swapped papers: the government laid out Lungu’s entitlements, while the family argued his political suspension meant no automatic state rights, and his wishes were for a private rest in South Africa.

Today’s hearing at the Gauteng High Court in Pretoria is the big one – a final ruling on whether to grant the declaratory relief. If the judge sides with Zambia, the body heads to Lusaka for a state bash, maybe with regional leaders like South Africa’s Cyril Ramaphosa attending. A win for the family means a quiet grave in Johannesburg, perhaps at a spot like Heroes’ Acre or a private plot.

Zambia's President Edgar Chagwa Lungu addresses the 73rd session of the United Nations General Assembly at U.N. headquarters in New York, U.S., September 25, 2018. REUTERS/Eduardo Munoz
Zambia’s President Edgar Chagwa Lungu addresses the 73rd session of the United Nations General Assembly at U.N. headquarters in New York, U.S., September 25, 2018. REUTERS/Eduardo Munoz

Legal experts say the court will weigh Zambian law on presidential benefits against international rules on repatriation and family rights under the African Charter on Human Rights. There is also talk of mediation – Hichilema offered talks last month, but the family turned it down, wanting the judge to decide.

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