Lungu family celebrates Supreme Court ruling on burial wishes

Esther Lungu, former president Edgar Lungu's wife, and the family have expressed profound relief following a landmark judgment from the Supreme Court of Appeal.

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The family of former Zambian president Edgar Lungu has welcomed the judgment delivered by the Supreme Court of Appeal (SCA) on Tuesday, which confirmed their right to keep the late leader buried in South Africa.

Lungu, who served as Zambia's president from 2015 to 2021, died in Johannesburg in June 2025 while undergoing medical treatment. His passing set off a contentious dispute over burial arrangements, with the Zambian government seeking to repatriate his remains for a state funeral in his home country.

Initially, the Gauteng High Court, Pretoria, sided with the Zambian government, endorsing the repatriation effort.

However, Lungu’s family, spearheaded by his wife, Esther Lungu, remained unyielding, contesting the High Court's decision, arguing that the ruling infringed upon their rights and Lungu's last expressed wishes, claiming he had long desired a private burial in South Africa that excluded government involvement.

The legal tussle originated in the Gauteng High Court, Pretoria, when the Zambian government successfully acquired an urgent order to halt the private burial.

Nevertheless, the SCA's ruling has marked a watershed moment, decisively interpreting the rights of families and the expressed wishes of the deceased.

In its ruling, the SCA stated: "In the absence of proof of agreement, the Zambian government has no right to repatriate and rebury Lungu's body."

The court further emphasised the principle that the rights of a family and the wishes of the deceased must be respected, dismissing the government's application for repatriation with costs, which includes legal fees for two counsels where applicable.

The family of former Zambian president Edgar Lungu has reacted warmly to the Supreme Court of Appeal judgment, which was delivered electronically on Tuesday.

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The judgment further noted: "The appeal is upheld with costs, including the costs to two counsels where so employed. The order of the High Court is set aside and is replaced by the following order. The application is dismissed with costs, including two counsels, where so employed."

This judgment has been warmly received by the Lungu family, who released a statement expressing their appreciation for the outcome.

"This judgment is 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. The court has spoken clearly, and justice has been served," the family stated.

"We are grateful that the court carefully considered the facts and the law, ultimately recognising that the rights of the family and the wishes of the late president must be respected."

Last year, the family accused the Zambian authorities and the South African police of unlawfully removing and subjecting his remains to an unauthorised post-mortem, allegedly in defiance of a High Court order.

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