South African Court Orders Zambia to Return Edgar Lungu’s Body to Family

A South African court in Pretoria ordered Zambia to return former President Edgar Lungu’s body after the Zambian government said it had taken possession of his remains, escalating a dispute that has stretched for nearly 10 months.

“The Zambian government has said that it has taken possession of the body of former president Edgar Lungu, who died in South Africa 10 months ago, against the wishes of the family”

allAfrica

The BBC described the latest twist as happening “just hours after the Zambian government said it had taken possession of ex-President Edgar Lungu's body,” with the court ordering the body to be returned to where it was being kept.

allAfrica

The BBC also said the saga followed a “long-standing feud between Lungu and his successor, President Hakainde Hichilema,” and that Zambia’s government had previously argued Lungu should be honoured in Zambia and buried alongside predecessors in the special presidential burial ground in Lusaka.

The BBC reported that Lungu’s family wanted a private burial after negotiations broke down, and that last August the South African high court in Pretoria ruled Zambia’s government could repatriate the body and give him a state funeral.

In the BBC account, Zambia later announced that Lungu’s remains had been “formally transferred” to the state after the family could not “proceed with their case” at the appeals court, but “just a few hours later” the same South African court ordered the Zambian government to return the body.

The dispute has also involved the funeral home Two Mountains Burial Services, which the BBC said “has reportedly said it will no longer accept the body.”

The AP report added that Zambia’s attorney general said the government had custody after a South African court ordered the body be released to them, and that the body had been moved from a funeral home in Pretoria to another facility.

The dispute over Lungu’s remains has been shaped by competing court decisions and shifting custody arrangements, with multiple outlets describing how the legal process unfolded.

Jacaranda FM said the Pretoria High Court ordered that the body be returned to a private mortuary, “effectively halting steps already taken by the Zambian government to begin repatriation,” and it said Lungu “passed away in South Africa in June last year.”

BBC

It reported that Thursday’s ruling came “just a day after authorities in Zambia moved to implement an earlier High Court judgment transferring custody of the former president’s remains to the state,” after the collapse of the family’s appeal process at the Supreme Court of Appeal.

Jacaranda FM also said the urgent application by the Lungu family led the court to grant interim relief and treat the matter with “extreme urgency,” and that the court ordered all respondents to ensure the body is returned to Two Mountains Burial Services or another mortuary nominated by the family.

The interim order was described as remaining in place until “21 May 2026,” unless varied on “48 hours’ notice,” and it included directions to show cause why respondents should not be held in contempt of court.

eNCA similarly reported that the High Court in Pretoria said the application was “dealt with as one of extreme urgency,” and it quoted Judge Rochelle Francis-Subbiah ordering Zambia’s government to return the remains to the private funeral home or a facility of the family’s choosing.

eNCA added specific details about Lungu’s death, saying he died at the age of 68 at Mediclinic's Medforum Hospital in Pretoria on 5 June 2025, “following cardiac complications during surgery.”

The AP account added that the battle revolves around Lungu’s relationship with President Hakainde Hichilema, and it said Hichilema’s government had said Lungu should have a state funeral at home and be buried at a cemetery set aside for Zambian leaders.

The court order and the dispute have been accompanied by direct statements from family representatives and political figures, alongside the judge’s language in the rulings.

“The family of former Zambian President Edgar Lungu has accused the state of overreach in handling his burial, insisting that “it is not for the government to determine how a family should mourn their loved one,” according to family Spokesperson Makebi Zulu”

Channel Africa

eNCA reported that the Lungu family wanted his body returned to their private mortuary services and said the High Court in Pretoria ordered Zambia’s government to return the remains to the private funeral home or a facility of the family’s choosing, citing that the application was “dealt with as one of extreme urgency.”

It also quoted Judge Rochelle Francis-Subbiah in connection with the order, and it said the court ordered Zambia’s government to return the remains.

eNCA further described the family’s challenge to Zambia’s account of deadlines, quoting family spokesperson Emmanuel Mwamba saying in a Facebook post that it was “not true that the family had missed the deadline to submit their appeal to the Supreme Court of Appeal in Bloemfontein.”

In the same eNCA report, Mwamba said “Lawyers for the family have insisted that this information by the Zambian Government is false as they had filed Notice of Appeal, Arguments and other documents,” and it added that the order directed the SAPS, National Police Commissioner, Minister of International Relations and Cooperation to ensure the remains are returned.

Channel Africa quoted family spokesperson Makebi Zulu accusing the state of overreach and insisting that “it is not for the government to determine how a family should mourn their loved one,” while also saying Zulu claimed the appeal process at the Supreme Court of Appeal collapsed after deadlines lapsed under a “jointly agreed expedited timetable.”

Channel Africa also quoted Zulu saying, “The family was not properly informed of what was happening. We only acted once the situation escalated,” and it said Zulu confirmed the High Court issued an interim order halting further action and instructing all parties to return before court.

The Mail & Guardian added that Esther Lungu lodged an urgent application in Pretoria and that in a draft order Judge Rochelle Francis-Subbiah ruled that the first, second, third and fourth respondents take steps to ensure the body is returned to Two Mountains Burial Services or any mortuary nominated by the family.

Different outlets described the same dispute through different emphases, particularly around whether Zambia’s government had custody and whether the court blocked repatriation plans.

The BBC framed the latest development as a “latest twist” in a “10-month saga,” describing how Zambia said the remains were “formally transferred” after the family could not “proceed with their case,” only for the South African court to order the body returned “just a few hours later.”

Jacaranda FM

Jacaranda FM framed the ruling as intensifying a legal battle and said the Pretoria High Court ordered the body returned to a private mortuary, “effectively halting steps already taken by the Zambian government to begin repatriation.”

eNCA described the court order as returning the remains to the family’s private mortuary services and said the family sought an injunction after Zambia moved the body from Two Mountains Funeral services to a government managed facility.

The AFP-style report on novanews.co.za, as reproduced in the provided source, said “A South African court has blocked the repatriation of former Zambian president Edgar Lungu's remains to Zambia,” and it described the urgent injunction as granted after Zambia’s attorney general Mulilo Kabesha announced that a court had formally handed the remains to the government following the family’s failure to pursue an appeal.

In that same novanews.co.za text, Judge Rochelle Francis-Subbiah is quoted saying the order will remain in force until 21 May, and it described the ruling as “the latest setback for President Hakainde Hichilema’s government.”

The AP report, by contrast, emphasized Zambia’s position that it had taken custody from the family, saying the attorney general stated the government had custody after a South African court ordered the body be released to them, and that the body had been moved from a funeral home in Pretoria to another facility.

The Mail & Guardian added a separate incident detail, saying the family was “stunned” after the corpse was allegedly removed without permission or a court order on 22 April, and it quoted Esther Lungu’s urgent application seeking return to the mortuary.

The immediate consequence of the latest Pretoria High Court order is that Zambia’s government must return Lungu’s remains to Two Mountains Burial Services or another mortuary nominated by the family, with the interim order set to run until 21 May 2026.

Jacaranda FM said the court interdicted respondents from handing over the remains to the Zambian government and directed compliance without delay, while also instructing respondents to show cause why they should not be held in contempt of court, with the interim order remaining in place until 21 May 2026 unless varied on 48 hours’ notice.

myMotherLode

The Mail & Guardian described the draft order as requiring the first, second, third and fourth respondents to take steps to ensure the body is returned to the premises and custody of Two Mountains Burial Services or any mortuary nominated by the family, and it said the order would remain effective until 21 May or any anticipated date.

eNCA added that the order directed the SAPS, National Police Commissioner, Minister of International Relations and Cooperation to ensure that the remains are returned, and it reported that Citizens First President Harry Kalaba condemned the government’s ownership of Lungu’s mortal remains as an “embarrassing impasse” that was “unnecessarily rattling relations between the two countries.”

The BBC also described the broader stakes as tied to the feud between Lungu and Hichilema, noting that Lungu’s family said the ex-president did not want Hichilema at his funeral or “anywhere near” his body.

The AP report said the battle revolves around whether Lungu should have a state funeral at home and be buried at a cemetery set aside for Zambian leaders, and it said Lungu’s family claims one of his last wishes was that Hichilema should not go anywhere near his body and not preside over his funeral.

It also said Zambia moved to halt his funeral service in South Africa while funeral proceedings were already underway, forcing family members to leave a church ceremony and travel to a courthouse.

In the background of the next steps, the novanews.co.za text said the order will remain in force until 21 May, Judge Rochelle Francis-Subbiah said, and it described the dispute as dragging on for nearly 10 months while fresh plans for a state funeral were halted.