THE family of late former president Edgar Lungu says it is not against repatriating Lungu’s body to Zambia, but only if President Hakainde Hichilema is not part of the funeral.
And the Pretoria High Court has said it cannot bar President Hichilema from attending the funeral and advised the family to seek an order against the President from Zambia once the body is repatriated.
The family, through their lawyer Casper Welgemoed, said the real issue is not about returning the body to Zambia, but about making sure President Hichilema does not take part in the burial ceremony.
Welgemoed told the court that before his death, Lungu made it clear even in a podcast that he did not want President Hichilema involved in his funeral.
“The substantive issue is the involvement of the current president in the funeral proceedings,” Welgemoed submitted. “All other matters are not material issues at stake here. The deceased didn’t want the current president near his casket. He said so in a podcast.”
He submitted that the widow of the former president, Esther Lungu wants Lungu’s body to be flown back to Zambia using a private charter and not by the government.
Welgemoed stated that there was no evidence that Lungu wished to be buried in Zambia or South Africa.
Welgemoed clarified that “presiding,” in the family’s understanding, meant walking alongside the casket, addressing mourners or visibly participating in the funeral.
But in a heated back and forth, one of the judges asked whether a court, especially one outside Zambia could restrict a sitting President from performing ceremonial duties.
“Is it not common cause that he may receive dignitaries?” the judge asked. “Can this court make an order that the current president should not be part of the funeral?”
Welgemoed conceded, “No, my lord.”
Another judge posed a question: “If they are in Zambia and the coffin is there, the family still has the right to go to court and seek an appropriate order that suits them, do they not?”
Welgemoed agreed, but insisted the family was only in court now because their attempt to bury Lungu in South Africa was blocked by the Zambian government which has now sued Lungu’s widow Esther, sister Bertha, children Tasila, Chiyeso and Dalitso, and nephew Charles Phiri, seeking an order that Lungu be buried in Zambia with full state honours.
The judge pressed further: “Was he not a former president?”
Welgemoed replied, “If he was treated as a late president, we would not have these issues at all, my lord.”
However, when asked where exactly Lungu wished to be buried, the family’s lawyer stumbled.
“Should this court consider the wish of the deceased or the wish of the wife and family?” asked one judge.
“I cannot make that submission,” Welgemoed replied.
“Why?”
“Because the wife wants him to be buried here (in South Africa).”
The court also heard that despite there being no clear indication Lungu wanted to be buried in Zambia, his family still demands the government to foot the bill for funeral arrangements and legal costs incurred by the widow after the initial plans which included a burial in South Africa were disrupted.
The lawyer said plans for the funeral were already made and money was spent, but the burial didn’t take place and that put the family in huge financial loss.
This was heard in the Pretoria High Court in South Africa on Monday where the Zambian government has taken Lungu’s widow Esther, his sister Bertha, his children Tasila, Chiyeso and Dalitso and his nephew Charles Phiri to court over the repatriation of the former president’s remains.
Government wants the court to order that Lungu be buried in Zambia with full honours as a former president.
The ruling on the matter is expected before Friday and Lungu died on June 5, 2025 at the age of 68.
By Catherine Pule in Pretoria, South Africa
Kalemba, August 6, 2025
