THE Pretoria High Court has held back its decision on an appeal by the family of late former president Edgar Lungu.
The family is fighting a ruling that allowed the Zambian government to repatriate the former head of state’s body home for a state funeral and burial at Embassy Park.
This morning, Judge Aubrey Ledwaba adjourned the matter after hearing arguments from both the Lungu family and the Zambian government.
“Thank you so much, judgement is reserved, court adjourns,” said judge Ledwaba.
Lawyer Tembeka Ngcukaitobi, representing the family, said the case had a good chance of success, arguing that South African law should guide the matter, not foreign law.
Ngcukaitobi also stressed that the right to choose where Lungu should be buried belongs to his widow, Esther.
“A corpse has no rights. You cannot say a corpse has a right to be buried,” Ngcukaitobi told the court.
“We respectfully submit that there are reasonable prospects of a court on appeal
finding that “FAA7” was not an extant agreement that was open to be relied upon
by this Court as a source of any clear right on the part of the Government of Zambia to the relief which the Court granted to the Government.”
“For all the reasons set out above, we respectfully submit that a case has been
made out for leave to appeal and that the applicants’ application for leave to
appeal to the SCA should succeed,” he said.
The dispute stems from a ruling by the Pretoria High Court which agreed with the Zambian government that Lungu, as a former president, must be buried at Embassy Park which is the official presidential burial site in Zambia.
On the other hand, government lawyer Ben Stoop said the lower court was correct in its judgement.
He argued that even if Zambian law did not apply, the public interest in honouring a former head of state should come before the family’s wishes.
About two weeks ago, the family lost their direct appeal to South Africa’s Constitutional Court, which forced them to return to the High Court to seek permission to take the case to the Supreme Court of Appeal.
Meanwhile, both sides have confirmed that talks are ongoing about Lungu’s final resting place.
By Catherine Pule
Kalemba, September 8, 2025
