THE Gauteng High Court in Pretoria, South Africa, has dealt another legal blow to the family of late Zambian President Edgar Lungu, dismissing with costs their application for leave to appeal a previous ruling that allows the Zambian government to repatriate his body.
The court ruling effectively upholds an earlier judgment that granted the Zambian government the right to take Lungu’s remains back to Zambia for a state funeral and burial, despite fierce opposition from his family.
Lungu, who served as Zambia’s president from 2015 to 2021, died in June 2025 in Pretoria after a short illness. His death sparked an unprecedented legal battle between his family and the current Zambian administration over his final resting place.
The High Court rejected the family’s argument that the dispute raised significant legal questions requiring resolution by the Supreme Court of Appeal (SCA). The court found there were no reasonable prospects of success in an appeal, noting the matter was “highly fact-specific” with little likelihood that similar circumstances would arise before another court.
“The application is dismissed with costs,” the court ruled.
The family’s legal team had contended that the case involved complex issues of international law and family rights that warranted appellate review. However, the court disagreed, determining that the original full bench judgment was sound and unlikely to be overturned.
The legal dispute stems from deep political tensions between Lungu’s family and the current Zambian President Hakainde Hichilema. Family members have expressed concerns about allowing Hichilema’s government to control funeral arrangements, citing ongoing political feuds.
The Zambian government has maintained its position that Lungu, as a former head of state, is entitled to a state funeral and burial in his homeland. Officials argue this is both a matter of national protocol and respect for the office he once held.
Legal Options Remain
Despite Monday’s setback, the Lungu family retains two potential legal avenues. They can petition the Supreme Court of Appeal directly, bypassing the need for leave to appeal from the High Court. Should that approach fail, they may seek recourse at South Africa’s highest court, the Constitutional Court.
Legal experts suggest both options face significant hurdles, given the High Court’s assessment that the case lacks broader legal significance beyond its specific facts.
If the family chooses not to pursue further legal challenges, the original full bench judgment will take effect, clearing the way for Zambian authorities to proceed with repatriation.
The case has drawn attention to the complex legal and diplomatic issues that arise when former leaders die abroad, particularly amid political tensions between their families and successor governments.
The Zambian government has not yet commented on the ruling, while representatives for the Lungu family could not immediately be reached for a response.
