South African Court Awards Burial Rights of Ex-Zambian President to Family

The Supreme Court of Appeal rejected the Zambian government’s claim that it possessed a legal right under South African law to override the family’s wishes. Judges dismissed the state's argument that a binding repatriation agreement existed, noting that evidence confirmed the parties remained in active negotiation rather than reaching a final deal. Lungu, who governed Zambia from 2015 to 2021, died in South Africa while seeking medical treatment.

His family has consistently opposed a state funeral in Lusaka, citing the intense political rivalry between Lungu and his successor, President Hakainde Hichilema. Family representatives stated that the former leader would not have desired Hichilema’s presence at his final rites. While South African officials previously expressed that a state funeral would be the most appropriate outcome, they acknowledged an obligation to honor the family’s private preferences. Attorney General Mulilo Kabesha confirmed that the Zambian government will respect the ruling and will not pursue further appeals, despite disagreeing with the majority judgment. Lungu’s legacy remains contentious, defined largely by a 2020 national debt default that preceded his exit from power.