Lungu repatriation case goes to SA’s highest court
THE family of late former president Edgar Lungu has taken their fight over his repatriation and burial to South Africa’s Constitutional Court, asking judges to stop his body from being repatriated to Zambia for a state funeral.
Yesterday, former First Lady Esther Lungu and six other family members filed an urgent application to appeal directly to the Constitutional Court.
The family wants the highest court to cancel the Pretoria High Court order made last week Friday, which allowed the Zambian government to repatriate Lungu’s body
In an affidavit, the family said burial arrangements were a deeply personal and private family matter, protected by the right to dignity and privacy under South African law.
Esther argued that no family should be forced to bury a loved one according to the state’s wishes.
She also revealed that Lungu himself wanted a private burial and had made his wishes clear before his death on June 5, 2025.
According to the affidavit, the former president said he did not want “those who did not care for him while he was still alive” to attend his funeral and specifically did not want President Hakainde Hichilema to attend or speak at the service.
“President Lungu expressed his wishes and made it clear that if he were to pass on he did not want those who did not care for him while he was still alive to be “anywhere near his
body,” read the affidavit.
“It was his wish that the current President of Zambia, President Hichilema, amongst others, should not attend his funeral nor speak at the funeral. This was informed by the estranged relationship between President Lungu and the current.”
The family’s Constitutional Court application asks for the matter to be treated urgently, for permission to appeal directly to the highest court and for the Pretoria High Court’s ruling to be overturned.
They are also asking the court to order any respondent who opposes the application to pay legal costs.
The applicants are Esther Lungu, her children, Tasila, Dalitso and Chiyeso Lungu, along with Lungu’s sister Bertha, nephew, Charles Phiri and lawyer Makebi Zulu.
The respondents are the Government of the Republic of Zambia, Two Mountains Burial Services (Pty) Ltd and South Africa’s Minister of International Relations and Cooperation.
When the matter came up yesterday in the Pretoria High Court, the Lungu family’s lawyer, padvocate Tembeka Ngcukaitobi SC, told the court that the family was in talks with the Zambian government to find a possible agreement.
Both sides agreed to delay the hearing of the appeal to Monday, August 18, 2025, to give negotiations a chance.
The High Court has set that date for the hearing, saying it hopes the dispute can be resolved in a way that respects the wishes of all sides.
Lungu died in South Africa on June 5, 2025 after being hospitalised there.
By Catherine Pule
Kalemba, August 16, 2025
Total confusion from PF criminals from day one they are like that?????
All this explains a lot about the Lungu saga. There’s crookedness in this. A lot of issues are being hidden. The GRZ shouldn’t relent on this matter . All the effort should be made to bring ecl body in Zambia. You can’t rule out that ecl could be alive somewhere. Plan B ? Yes maybe. The fact that they don’t want body viewing is a very sensitive aspect. South African courts should help Zambia in this matter. It’s clear Lungu family and PF are dishonest. A lot of things are being concealed. Let Zambians get the truth. I’m certain our AG will get things right for Zambians.