The family of late former Zambian President Edgar Lungu has filed an urgent appeal against the Pretoria High Court ruling ordering his remains to be repatriated to Zambia for a state funeral—temporarily halting the burial process and deepening an emotional and political standoff between the family and President Hakainde Hichilema’s government.

The appeal, lodged shortly after Friday’s judgment, means Lungu’s body will remain in South Africa until the Supreme Court of Appeal hears the matter. Court papers seen by African Times show the family’s intention to fight what they describe as a politically motivated order that contradicts Lungu’s alleged wishes.

A Nation in Mourning, a Family in Rebellion

Edgar Lungu died in South Africa earlier this year, reportedly while receiving medical treatment. Since his passing, his burial has been the subject of a tense legal battle between his relatives and the Zambian state. While the Zambian government insists the former president be laid to rest at Embassy Park in Lusaka with full state honours, his family claims he wished for a quiet, private burial in South Africa—away from the fanfare and, crucially, the involvement of President Hichilema.

Lungu’s sister, Bertha, broke down in tears in the Pretoria High Court after the ruling. “They want to take my brother’s body and use it for rituals,” she cried, accusing the Zambian government of politicising the funeral.

The court, however, was unequivocal in its decision. Deputy Judge President Aubrey Ledwaba, delivering the unanimous verdict of a three-judge panel, ruled:

“It is in the interest of justice, public dignity, and national order that the body of a former President be returned to his country for burial. There is no lawful basis to delay or obstruct the return of Mr Lungu’s remains.”

Family Challenges Court’s Logic

In the appeal papers, the family argues that the court erred in its interpretation of an earlier agreement, allegedly reached between Zambian and South African authorities, regarding the funeral arrangements. They say the court overstepped its powers by ordering repatriation when their initial application only sought a declaration of rights—not the enforcement of any agreement.

Key to their case is the claim that: no valid agreement exists binding the family to return the body to Zambia. The court’s ruling wrongly assumes President Hichilema’s involvement in funeral arrangements, which they say was not part of any formal plan, and the order overrides the deceased’s personal wishes, despite no written will being presented to support those claims.

Although media outlets such as the BBC and Punch News have reported the lack of any confirmed will by Lungu, the family insists his wishes were verbally communicated and should be respected.

Analysts Warn of Diplomatic and Political Fallout

Political analyst Dr Sipho Malunga says the case underscores a broader issue of political polarisation in Zambia.

“This is no longer just about a burial. It has become a symbol of the division between the Lungu-era loyalists and the Hichilema administration. The courts are now being drawn into a family-versus-state drama that has diplomatic undertones,” Malunga told African Times.

Legal expert Advocate Lindiwe Mokoena agrees:

“The family’s application for leave to appeal could take weeks, if not months, to finalise. Meanwhile, the body of a former head of state remains in limbo. That’s unprecedented and raises serious questions about the management of cross-border state funerals,” she said.

Another Pretoria-based analyst, Professor Tshepo Matlala, said:

“While the family’s pain is understandable, they must balance personal wishes with public responsibility. Edgar Lungu wasn’t just a father or brother—he was a head of state. That comes with symbolic and legal consequences, including being laid to rest on national soil.”

Hichilema Government Silent Amid Tension

President Hakainde Hichilema’s office has so far declined to comment directly on the appeal, only saying that the government respects the rule of law and remains committed to honouring Lungu’s legacy.

Behind the scenes, however, Zambian officials are said to be frustrated by the ongoing delays. A source in Lusaka’s Ministry of Foreign Affairs described the situation as “deeply embarrassing” for Zambia and said the continued wrangling undermines the dignity of the late president.

Public Reaction and Next Steps

Zambians at home and abroad are watching the saga unfold with heavy hearts. Social media is flooded with condolences, confusion, and calls for unity. In Lusaka, several civil society organisations are planning a vigil this weekend in honour of the late leader, urging both the family and the state to “find each other.”

The Supreme Court of Appeal is expected to announce a hearing date in the coming days. Until then, Edgar Lungu’s final resting place remains undecided.

As one Zambian mourner in Johannesburg put it:
“We are not just burying a man. We are burying our dignity with every day of delay.”