A South African court has ruled that Zambia’s government can repatriate the body of former President Edgar Lungu and give him a state funeral, despite his family’s opposition.
The Pretoria high court ruled in favour of the Zambian state, which had previously applied to block the family’s plans to bury him privately in South Africa, where he died in June.
At the time, Zambian state lawyers argued that personal wishes should not override the greater public interest.
The dispute follows a long-standing feud between Lungu and his successor, President Hakainde Hichilema, with Lungu’s family saying he had indicated that Hichilema should not attend his funeral.
Handing down the ruling, judge Aubrey Ledwaba said the Zambian government was “entitled to repatriate the body of the late president” and ordered his family to “immediately surrender” it to authorities.
No order was made on the costs of the urgent application.
Following Lungu’s death from an undisclosed illness at the age of 68, the family wanted to be in charge of the funeral arrangements, including the repatriation of his body, but the Zambian authorities sought to take control.
The government and his family later agreed he would have a state funeral before relations broke down over the precise arrangements, prompting the family to opt for a burial in South Africa.
Lungu’s relatives were visibly shaken by the ruling, wailing loudly in the courtroom as Zambian attorney general Mulilo D Kabesha spoke to the media.
He said the ruling was not a win for the government but rather “what makes good sense”.
“When you are the father of the nation, you can’t restrict yourself to your immediate family… The man belongs to the nation,” he said.
Mr Kabesha praised the court for making a “sound judgment” and said that while the family had a right to appeal, this was a “learning curve” for those aspiring to the highest office.
Lungu led Zambia from 2015 until 2021 when he lost the election to Hichilema by a large margin.
After that defeat he stepped back from politics but later returned to the fray.