South African Court Reverses Decision on Zambian Ex-President's Body After Government Seizure
Lusaka, 23 April 2026
A dramatic legal battle has unfolded over former Zambian President Edgar Lungu’s remains, with a South African court initially ordering the body’s transfer to Zambian authorities, only to reverse its decision hours later. The 322-day dispute stems from a bitter political feud between Lungu and his successor President Hichilema, with the family explicitly stating Lungu did not want Hichilema ‘anywhere near’ his body or funeral. The case highlights unprecedented tensions between state burial protocols and family wishes, creating diplomatic complications between the two nations whilst the body remains in legal limbo.
Court Reversal Creates Legal Confusion
In a remarkable turn of events on Wednesday night, 23 April 2026, the Zambian government announced it had formally taken possession of Edgar Lungu’s body following what it claimed was a South African court order [1]. However, within hours of this announcement, the same South African court issued a contradictory ruling, ordering the Zambian government to return the body until the matter returns to court on 21 May 2026 [1]. This legal whiplash has created unprecedented confusion in what has already been a protracted dispute lasting 322 days since Lungu’s death on 5 June 2025 [6]. The Zambian Attorney General, Mulilo Kabesha, had confirmed the government now held the remains after they were transferred from Two Mountains Burial Services to a government-controlled facility [6].
Family Disputes Government Claims on Legal Process
The legal complexity deepened when Lungu family spokesman Makebi Zulu disputed the government’s assertion that the appeals process had lapsed, stating that correct procedures had been followed [1]. According to the BBC, the government claimed the transfer occurred after Lungu’s family were unable to ‘proceed with their case’ at the appeals court [1]. However, the family maintains they have followed proper legal channels and are challenging the government’s interpretation of the judicial proceedings [1]. Adding to the confusion, Two Mountains Burial Services, the funeral home where Lungu’s remains were originally kept, has reportedly refused to accept the body back and has asked the Lungu family to find an alternative facility [1].
Political Feud at Heart of Burial Dispute
The extraordinary legal battle stems from a deep political rivalry between Edgar Lungu, who served as Zambia’s president from 2015 to 2021, and his successor Hakainde Hichilema [1][3]. The animosity between the two leaders has historical roots, including Hichilema’s arrest and treason charges in 2017 during Lungu’s presidency, for which he was detained for four months before international pressure secured his release [3]. After losing the 2021 election, Lungu claimed his movements were restricted and that he had been effectively placed under house arrest, allegations the Hichilema government denied [3]. The family has been explicit about Lungu’s final wishes, stating he did not want Hichilema at his funeral or ‘anywhere near’ his body [1][3].
Competing Funeral Arrangements Highlight State vs Family Rights
The dispute has crystallised around fundamentally different visions for how a former head of state should be honoured. The Zambian government maintains that as a former president, Lungu should receive a state funeral and be buried at the special presidential burial ground in Lusaka alongside his predecessors [1]. However, the family has consistently pushed for a private burial after negotiations with the government over funeral arrangements broke down [1]. Two separate mourning periods were announced, and at one point there were competing condolence books, illustrating the depth of the division [1]. The government had previously obtained a court order in South Africa to stop a funeral service as it was taking place in June 2025, forcing family members to leave the church [3]. A state funeral for Lungu in Zambia was cancelled twice due to disagreements over details [3]. The Pretoria High Court’s August 2025 ruling had initially mandated the body’s release to Zambian authorities to allow preparations for repatriation and burial in Lusaka [6], but the current legal reversal has thrown these arrangements into uncertainty once again.