Lungu burial case drags on as court reserves ruling
THE Pretoria High Court has held back its decision on an appeal by the family of late former president Edgar Lungu.
The family is fighting a ruling that allowed the Zambian government to repatriate the former head of state’s body home for a state funeral and burial at Embassy Park.
This morning, Judge Aubrey Ledwaba adjourned the matter after hearing arguments from both the Lungu family and the Zambian government.
“Thank you so much, judgement is reserved, court adjourns,” said judge Ledwaba.
Lawyer Tembeka Ngcukaitobi, representing the family, said the case had a good chance of success, arguing that South African law should guide the matter, not foreign law.
Ngcukaitobi also stressed that the right to choose where Lungu should be buried belongs to his widow, Esther.
“A corpse has no rights. You cannot say a corpse has a right to be buried,” Ngcukaitobi told the court.
“We respectfully submit that there are reasonable prospects of a court on appeal
finding that “FAA7” was not an extant agreement that was open to be relied upon
by this Court as a source of any clear right on the part of the Government of Zambia to the relief which the Court granted to the Government.”
“For all the reasons set out above, we respectfully submit that a case has been
made out for leave to appeal and that the applicants’ application for leave to
appeal to the SCA should succeed,” he said.
The dispute stems from a ruling by the Pretoria High Court which agreed with the Zambian government that Lungu, as a former president, must be buried at Embassy Park which is the official presidential burial site in Zambia.
On the other hand, government lawyer Ben Stoop said the lower court was correct in its judgement.
He argued that even if Zambian law did not apply, the public interest in honouring a former head of state should come before the family’s wishes.
About two weeks ago, the family lost their direct appeal to South Africa’s Constitutional Court, which forced them to return to the High Court to seek permission to take the case to the Supreme Court of Appeal.
Meanwhile, both sides have confirmed that talks are ongoing about Lungu’s final resting place.
By Catherine Pule
Kalemba, September 8, 2025
After looking at the submissions of the Lawyers from both the Government Of the Republic of Zambia and the Lungu family, I feel this case should be handled by the Supreme court,or the Constitutional Court.
If the earlier decision of the Pretoria High Court is maintained, it will become a Precedent in South African Law , and completely changes the law on Family Rights in South Africa on burial of a deceased relative. That judgement completely stripped all the rights off the Widow or Children on the Burial of their deceased relative..A Foreign country Changing the law of another Sovereign Country is very interesting.
Anyway, we wait for the judgement.
SA court may not , in fact, have no jurisdiction on President ECL
@ Tore
But the Zambian Government took the Case to a South African Court..and the South African Court stopped the burial from proceeding.
The death happened on South African Soil.. Dr Edgar Chagwa Lungu was Certified dead by South African Authorities.
What the lawyers for the family submitted is very convincing. Unless otherwise, the Leave to Appeal will be granted.
Do you see to be normal Edgar lungu to be buried in south Africa yourself????? How much the bottle of jealous and hatrages so that I can also buy???
Iwe that man has a public interest dimension having led 20 million people for 7 years. Can’t that get into your thick head? Iwe ngawafwila ku Dubai or Johannesburg we wouldn’t even want to know cause you are a non-entity because you never ruled us. This is not the case on ECL. He ate the citizens’ money for 7 years square! There is public Honor and respect involved. Zambians are not zombies who will allow a hoodlum from Jupiter to fatten himself on their money and go as if he never existed. Whether you or Bertha and Esther Lungu and her thieving children like it. We are hurrying this thief is Zambia at embassy park and the epitaph will read: ” Here lies the biggest thief to ever rule Zambia”. Kwapwa!!!!
When the lawyer for esther Lungu said, this case should be looked at using the souh african laws and constitution not on foreignn law ( meaning Zambian laws and constitution) , then esther and her late husband when they were here, means they were in a foreign land and governmen as per say. Additionally, this time that esther and family, her, and together with Makebi, are they south africans now, who should always use their south african laws and constitution if they are not temperrally there to decide on lungus vurial who was using a Zsmvisn deplomatic passport if not or again with that one from Zim?. Anyway, quite alot of unncessary issues coming out and also arising from this case. Wina azalila.
From my own point of view, i think this esther group are crooks who pretend to be discussing with government over the same yet outside behind their stollen bought mansions and hotels in SA and when in court as seen today, their voices are vernon. They are not trusted- these corrupt things