A South African High Court has ruled that the Zambian government may repatriate the remains of former President Edgar Lungu for a state funeral, despite opposition from his family. On Friday, Judge President Aubrey Ledwaba delivered the decision, capping a weeks-long legal battle over the late president’s final resting place.
“The burial of a former head of state is a matter of public interest,” Judge Ledwaba stated. “Even if a president has expressed a wish not to receive a state funeral, such a desire must be set aside in favour of public interest.”
Lungu, who served as Zambia’s sixth president from 2015 to 2021, died in June at age 68 while receiving medical treatment in a South African hospital.
Family Sought Burial in South Africa
Lungu’s family members confirmed that he had requested his burial in South Africa. They also asked that current Zambian President Hakainde Hichilema not participate in the funeral, citing long-standing political hostilities between the two leaders.
The Zambian government, however, argued that a state burial was in line with national protocol and necessary to honor Lungu’s role as a former head of state. The court agreed, effectively preventing the family from organizing a private burial in South Africa.
Zambian Attorney General Mulilo Kabesha commented on the ruling, stating: “This isn’t about winning. You can’t win when it comes to a burial. It simply makes sense that the former president of the Republic of Zambia should be laid to rest in his homeland, the nation where he served as president.”
Political Rivalry Continues After Death
The legal dispute over Lungu’s burial has underscored the political divide between the late president and his successor, Hakainde Hichilema. During Lungu’s presidency, Hichilema was imprisoned in 2017 on charges many of his supporters labeled as politically motivated.
In recent years, Lungu accused Hichilema’s administration of harassment and of limiting his movements. His family also alleged the government initially prevented him from traveling to South Africa for medical care—a claim denied by Zambian officials.
The court’s decision to enforce a state funeral has drawn criticism from Lungu’s supporters, who view it as an effort to influence his posthumous legacy.
Legal Precedent and National Interest
The High Court ruling referenced previous Zambian legal decisions affirming that state funerals are reserved for individuals of significant public importance. The court concluded that such decisions are ultimately matters of national interest rather than personal or familial choice.
The ruling allows the Zambian government to proceed with repatriating Lungu’s body and organizing the official funeral. While the family retains the right to appeal, legal experts suggest that overturning the decision may prove difficult.
A Test of National Unity
The case has sparked broader public discussion about the balance between personal wishes and national protocols. Some support the family’s right to honour Lungu’s private preferences, while others argue that public figures of his stature must align their commemoration with national expectations.
As Zambia prepares for the funeral, observers are watching to see whether the ceremony will promote unity or further entrench political divisions.
