The Gauteng High Court in Pretoria has dismissed, with costs, an application by the family of former Zambian President Edgar Lungu seeking leave to appeal to the Supreme Court of Appeal. The family had challenged an earlier ruling that granted the Zambian government the right to repatriate Lungu’s body for a state funeral and burial.
Lungu, who served as Zambia’s sixth president from 2015 to 2021, died in a South African hospital in June 2025. His passing sparked a bitter legal dispute between his family and the Zambian state. While the government insisted on a state funeral in Zambia — consistent with the law and national tradition for former heads of state — the family sought a private burial in South Africa. They cited Lungu’s personal wishes and objected to the participation of President Hakainde Hichilema in the official proceedings.
In its judgment, the High Court found that the family’s application lacked merit, stressing that there were no reasonable prospects of success for an appeal. The court reasoned that:
The dispute was fact-specific, making it unlikely that a similar case would arise in future.
The matter did not raise any compelling constitutional or legal issues that warranted referral to the Supreme Court of Appeal.
The ruling effectively blocks further legal avenues for the Lungu family, clearing the way for the Zambian government to proceed with repatriation arrangements. The judgment also reaffirms the principle that when it comes to state funerals for former heads of state, national law and public interest take precedence over private or family preferences.
Legal commentators note that the case underscores the strength of state protocols surrounding national leaders’ burials and highlights the delicate balance between personal wishes and public duty.