The Gauteng High Court in Pretoria has dismissed with costs the Edgar Lungu family’s application for leave to appeal against an earlier ruling that the body of the former Zambian president must be repatriated to Zambia for a state funeral.
Lungu, who served as Zambia’s sixth president from 2015 to 2021, died in Pretoria on 5 June 2025 at the age of 68 after a short illness. His family has been fighting a series of legal battles in South Africa to prevent his repatriation, insisting that he wished to be buried privately in Johannesburg.
On Tuesday, a full bench of the High Court ruled that the family’s application to take the matter to the Supreme Court of Appeal lacked merit. “This Court is satisfied that on the merits there are no reasonable prospects of success,” the judgment read. The court further held that no compelling constitutional issues were raised that would justify an appeal.
The decision follows an earlier High Court judgment on 8 August, which ordered that Lungu’s remains be handed to Zambian authorities for repatriation. That ruling emphasised that as a former head of state, Lungu “belongs to the nation of Zambia” and should be accorded a dignified state funeral in Lusaka.
The family challenged that ruling, arguing that their rights as heirs to determine burial arrangements should prevail and that the South African courts should consider constitutional protections of dignity and family autonomy. They also argued that Zambia had stripped Lungu of presidential benefits, undermining its claim to a state funeral.
The court dismissed those submissions. It found that the Zambian government, represented by its Attorney General, had properly asserted its legal rights and obligations under Zambian law. The judgment noted that Zambia has consistently buried former presidents at Embassy Park, the national presidential burial site in Lusaka, and that Lungu’s temporary stay in South Africa for medical treatment did not affect that tradition.
Citing the precedent of burial disputes in South African courts, the judgment said: “Conflicts and disagreements about burial rights are a common feature in our courts. Some disputes regarding burial rights are settled after parties have reached agreements. This is common, although a corpse has no commercial value.”
The court also rejected the family’s claim that the matter involved unique constitutional questions. “We are satisfied that no compelling reasons exist to grant leave to appeal simply because the matter is so fact specific that there is very little to no prospects that the same set of facts will confront a Court again,” the bench stated.
The application was dismissed with costs, including the fees of two senior counsel.
This marks the latest in a series of unsuccessful attempts by the family to block Lungu’s repatriation. On 25 August, South Africa’s Constitutional Court dismissed their urgent bid for direct access, holding that no exceptional circumstances existed for it to intervene.
The ruling clears the way for Zambian authorities to receive Lungu’s body and proceed with a state funeral. Zambia’s government has said the late president will be laid to rest at Embassy Park alongside his predecessors, in line with national tradition.
Public opinion remains divided. Some South Africans and Zambians took to social media platform X to express support for the judgment. One user wrote: “The Lungu family must face their own countrymen in Zambia, not run to SA. Time to account for every shady deal and criminal activity.”
Others criticised the decision. Another user posted: “The court is oppressing the Lungu family. This is totally unfair. The Zambian state failed the former president and now wants to claim him back. That’s rubbish.”
For now, the court’s dismissal of the appeal application effectively ends the family’s legal battle in South Africa. Preparations are underway in Lusaka for the return of Edgar Lungu’s body and his state funeral.
