Funeral Home Declines Custody as Lungu Case Shifts to Authorities
The funeral home that had been holding the remains of former Zambian president Edgar Lungu for the past 10 months has advised the family’s legal team not to seek a court order compelling the return of the body to its custody.
In correspondence seen by Kalemba, lawyers from ENSafrica, representing the service provider, said their client had already fulfilled its legal obligations after receiving no lawful grounds to delay execution of a court directive. They explained that the remains are no longer in their possession, having been taken over by the South African Police Service (SAPS) as part of ongoing investigations.
According to the lawyers, guidance from the Zambian government’s legal representatives indicated that repatriation would not happen immediately, as authorities in South Africa continue their inquiries. The body has since been transferred to a state facility under SAPS control.
The legal team added that their client had been placed in a difficult situation, incurring substantial legal expenses due to the prolonged dispute involving the Lungu family, the Zambian government, and South African authorities. Given that the remains are no longer under their care, the funeral home has declined to reassume custody.
They further cautioned that if the family proceeds with urgent court action, they should avoid requesting that the remains be returned to the funeral service provider.
The latest development comes after a lengthy standoff between the family and government that has kept Lungu’s body in South Africa for months.
Attorney General Mulilo Kabesha confirmed that the Pretoria High Court has now formally handed over the former president’s remains to the Zambian government.
Lungu died at a South African clinic on June 5 last year, initially prompting national mourning. However, disagreements soon emerged over burial arrangements after the family reversed plans to repatriate his body to Zambia on June 17, 2025, despite preparations for a military send-off.
The decision disrupted the official mourning period declared by President Hakainde Hichilema and led to public uncertainty. The family later announced plans to bury him privately in South Africa on June 25, 2025.
A day before the scheduled burial, the Zambian government obtained a court order halting the process, arguing that a former head of state should be buried in Zambia with full honours. The court agreed and scheduled a hearing for August 4, 2025.
In court filings, Lungu’s widow Esther Lungu and other relatives opposed repatriation, claiming he had accepted dying in exile and did not want President Hichilema present at his funeral. They also alleged he felt neglected by the government during his lifetime.
The government disputed these claims, stating there was no credible evidence to support them. It maintained that, regardless of political differences, the office of the presidency must be respected and that Lungu deserved a state funeral and burial in Zambia.
On August 8, 2025, the Pretoria High Court ruled unanimously that the remains be handed over to the Zambian government for repatriation and a state funeral. The family challenged the ruling, first attempting to appeal directly to the Constitutional Court, which dismissed the matter on August 26 and redirected it back to the High Court.
Subsequently, on September 16, 2025, the High Court rejected the family’s request for leave to appeal. The family then took the matter to the Supreme Court of Appeal, which granted them permission to appeal in December.
However, the appeal later lapsed after the family failed to submit the required documents within the stipulated timeframe, allowing the Pretoria High Court to proceed with enforcing its earlier ruling.
