THE family of Edgar Lungu has refused to give up on the legal fight to have the late former president buried in Zambia as they move to challenge a South African High Court order to have his remains repatriated back to the country.
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This morning, a full bench of the Pretoria High Court made unanimous ruling to have the remains of Lungu who died over two months handed over to the Zambian government for repatriation and a statement funeral and burial.
But in legal documents seen by Kalemba, the family said the Pretoria High Court made a mistake in its judgment delivered this morning, and it now wants the case taken to the Supreme Court of Appeal in that country.
The appeal has Lungu’s widow Esther, his children Tasila, Dalitso and Chiyeso, his sister Bertha, lawyer Makebi Zulu and the funeral company Two Mountains as the applicants.
They are asking the higher court to reverse the decision that gave the Zambian government the right to take the body for a state burial.
The family argues that what the court called an agreement between them and the government was only a draft funeral programme and not a final deal.
The family stated that the draft (referred to as “FAA7” in court) was not signed and that both sides never fully agreed on how the burial should happen.
They also say the Zambian government changed the funeral plans without the family’s consent and failed to honour promises that President Hakainde Hichilema would not be involved in the funeral.
The family says the court ignored key facts and made unfair decisions based on assumptions.
They also believe that the court was wrong to apply Zambian law in a case that happened in South Africa, where the late former president died.
“The Full Court erred in finding that Zambian law dictates that the Late President Lungu must be repatriated and buried in Zambia. No expert evidence was provided to substantiate this finding on Zambian law.”
“The matter of Kaunda also does not begin to validate this proposition as it was a review and not ever decided on the merits. The Court erred in finding that the details of the burial process of a loved one is trivial and matter little. Such a finding is in direct contravention of the Constitution of South Africa, specifically sections 10, 12, 15 and 30.”
“The Court erred in finding that the counter application ought to be dismissed based on the purported trivial nature of the objections of the family,” reads the documents.
According to the document, Lungu had made it clear that he did not want people who ignored him while he was alive to be involved in his burial and maintains that forcing a state burial goes against his final wishes.
“President Lungu said his wishes were that in the event of his death, those who never showed any interest in his welfare while
he was alive should not be allowed to pretend to be interested in his welfare at death. It is important to emphasise that the family
is proceeding based on the guarantees given by the Government of the Republic of Zambia that they not deviate from the undertakings or betray the trust of the family and the wishes of
the late President Lungu,” reads the document.
They also feel the court treated their concerns as unimportant, which they say violates their rights to dignity, religion and culture under South African law.
“The Full Court erred in granting relief that effectively ignores the express
wishes of the Late President Lungu, in allowing the current President to preside over his funeral and burial,” stated the lawyers.
“The Full Court erred in not dismissing the application with costs of two counsel.”
By Catherine Pule in Pretoria
Kalemba, August 8, 2025
