The Supreme Court of Appeal (SCA) has ruled in favour of the family of former Zambian president Edgar Lungu, overturning a Gauteng High Court decision that paved the way for his remains to be repatriated to Zambia for a state funeral.
Lungu died in South Africa on 5 June 2025, triggering a protracted legal dispute between his family and the Zambian government over where he should be buried.
The former president’s family has consistently maintained that Lungu wished to be laid to rest privately in South Africa and without the involvement of the Zambian government.
The matter first came before the Gauteng High Court in Pretoria after the Zambian government obtained an urgent court order preventing a private burial in Johannesburg shortly after Lungu’s death.
A full bench of the high court later ruled that the former head of state’s remains should be returned to Zambia, clearing the way for a state funeral.
However, the SCA has now overturned that ruling, handing a significant legal victory to the Lungu family.
Family lawyer Neo Mashele welcomed the judgment, saying the family was pleased with the outcome and remained committed to respecting the decisions of South African courts.
The ruling marks the latest development in a legal battle that has stretched on for more than a year and has resulted in Lungu’s remains remaining in South Africa since his death.
It is not yet clear whether the Zambian government will seek to challenge the decision in the Constitutional Court, which would represent the final avenue of appeal in the matter.
For now, the SCA judgment strengthens the family’s position in determining the final resting place of the former Zambian leader and brings a new chapter to one of the region’s most closely watched burial disputes.

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