South Africa – Attorney General Mulilo Kabesha has instituted legal proceedings in the Gauteng Division of the High Court seeking an interim order to halt the burial of former president Edgar Lungu until disputes over his final resting place are resolved.
The suit is directed against former first lady Esther Lungu, four of Lungu’s children along with family lawyer Makebi Zulu and the company running the morgue where his remains have been kept. The application demands no burial take place until courts determine whether Lungu should be interred in Zambia with full military honors.
Lungu died on June 5 at age 68 after suffering cardiac complications during surgery at Mediclinic Medforum in Pretoria. He served as Zambia’s sixth president from 2015 to 2021.
The attorney general argues that state funerals for former heads of state are governed by strict military protocols and public interest considerations. He cites legal precedent from the Zambian courts that previously set aside the burial wishes of founding President Kenneth Kaunda in favor of public interest.
“A state funeral represents the most fitting tribute to honor former President Lungu’s distinguished legacy,” said South African International Relations Minister Ronald Lamola during a Monday meeting with President Hakainde Hichilema. However, Lamola acknowledged South Africa’s legal obligation to respect the family’s wishes.
The repatriation process has been marred by a bitter feud between Lungu’s family and the current government, including the family’s demand that President Hichilema not attend the funeral.
Family spokesperson Makebi Zulu confirmed the decision to proceed with a private burial in South Africa “in accordance with the family’s wishes.” Reports suggest the family purchased property in South Africa to meet local burial permit requirements.
Named respondents include Esther Nyawa Lungu, Bertha Lungu, Tasila Lungu, Chiyesu Lungu, Dalitso Lungu, Charles Phiri, Makebi Zulu, and Two Mountains Pty, the morgue holding Lungu’s remains.
The interim interdict hearing is scheduled for 08:00 GMT (10:00 local time) on Wednesday, June 25, 2025. The action was brought under Article 177(5)(c) of Zambia’s Constitution in the attorney general’s capacity as government representative and protector of public interest.
President Hichilema canceled a 16-day national mourning period on Thursday, stating “our country cannot afford a state of indefinite mourning.” He apologized to South Africa for the diplomatic complications.
The dispute highlights lingering political tensions between Lungu and Hichilema, longtime rivals whose conflict peaked when Hichilema was imprisoned for treason in 2017 during Lungu’s presidency.
Under Lungu’s tenure, Zambia embarked on major infrastructure projects but accumulated significant debt, becoming the first African nation to default during COVID-19. He lost the 2021 election to Hichilema by nearly a million votes.
