Funeral Halted: Legal Battle Over Zambia’s Ex-President Edgar Lungu in South Africa
Published: June 2025-
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A South African court has issued an urgent order halting the private funeral of former Zambian President Edgar Lungu, preventing the burial from proceeding in Johannesburg.
The court ordered that Lungu’s interment be delayed until a repatriation application is heard — even as the funeral service was already underway at Christ the King Cathedral in Hillbrow.
1. Why the Funeral Was Halted
Zambia’s Attorney General Mulilo Kabesha filed an urgent court application demanding that Lungu’s remains be repatriated to Zambia.
He argued that, as a former head of state, Lungu is entitled to a state funeral under Zambian law — and that interment abroad would violate national tradition.
The Pretoria High Court agreed, issuing a pause on proceedings and scheduling a full hearing for August 4 to determine the body’s final resting place :contentReference[oaicite:2]{index=2}.
2. Political Rivalry at the Centre
Lungu died in South Africa on June 5 at age 68. He was political rival to current President Hakainde Hichilema, who Lungu had beaten in the 2016 election and later jailed for treason in 2017 :contentReference[oaicite:3]{index=3}.
The family reportedly objected to having Hichilema attend or preside over the funeral. Meanwhile, Zambia’s government insisted a state funeral would be more appropriate :contentReference[oaicite:4]{index=4}.
3. Legal Framework and Precedent
Zambian law explicitly mandates that former presidents be granted official state funerals and laid to rest in Embassy Park, Lusaka – a burial site reserved for heads of state since the country’s independence in 1964. This tradition is deeply symbolic, representing national unity and continuity, and all former presidents have been interred there.
Against this backdrop, the Pretoria High Court’s decision to halt Edgar Lungu’s private burial in South Africa underscores the importance of legal precedent and national interest. The court intervened following an urgent application by Zambia’s Attorney General, arguing that repatriation and a state funeral were both appropriate and necessary.
The ruling reflects not just a procedural matter, but a broader legal and diplomatic principle: that the burial of a former head of state should adhere to national protocol, regardless of family preferences. It also highlights the delicate balance between familial rights and the public significance of presidential legacies — particularly when those legacies extend beyond national borders and involve international legal systems.
4. Emotional Fallout in Johannesburg
Even as the burial was halted, mourners at Christ the King Cathedral held a solemn prayer service in Lungu’s honour.
His widow, Esther Lungu, appeared visibly distressed. Supporters, clad in mourning regalia, expressed hope that their former president would rest in peace—either in South Africa or Zambia :contentReference[oaicite:7]{index=7}.
5. Diplomatic and Legal Back-and-Forth
Both Zambia’s government and Lungu’s family had agreed to the court’s pause, according to the ruling. The state must explain its request for repatriation by July 4.
The memorial service was allowed to continue, but the burial remains on hold until the next legal hearing :contentReference[oaicite:8]{index=8}.
6. Broader Implications for South African Courts
This case highlights South Africa’s role in adjudicating cross-border disputes, especially when regional leaders die in foreign countries.
It underscores the judiciary’s willingness to intervene in emotionally and politically sensitive matters—balancing national sovereignty, family rights, and diplomatic norms :contentReference[oaicite:9]{index=9}.
7. What Happens Next?
The court has scheduled the next hearing for August 4. Until then, Lungu’s body will remain in Johannesburg.
Zambian officials need to justify why a state funeral should follow. Lungu’s family, meanwhile, may present their arguments for a private service abroad :contentReference[oaicite:10]{index=10}.
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