Government has welcomed the Constitutional Court of South Africa’s ruling on the application regarding the repatriation and burial of late President Edgar Lungu’s remains in Zambia.

Secretary to the Cabinet, Patrick Kangwa, said in a statement made available to ZANIS that government respects the court’s decision and remains committed to working with the Lungu family to reach an arrangement that considers their wishes, while upholding the rights of the state.

“The Government of the Republic of Zambia has taken note of the Constitutional Court of South Africa’s ruling concerning the burial of the Sixth President, Dr. Edgar Chagwa Lungu. On behalf of the government, we want to thank the court for its timely consideration of the matter,” Mr Kangwa stated.

He expressed gratitude to Zambians for their understanding during the impasse and for avoiding inflammatory comments.

Mr Kangwa urged citizens to keep the Lungu family in their prayers as the country continues to mourn the former President.

He emphasized that in keeping with the stature of the high office, government’s wish is for the late President to be accorded a dignified funeral.

The statement follows the South African Constitutional Court’s dismissal earlier today of an application by the Lungu family to appeal against the Gauteng High Court ruling that ordered the repatriation of the former President’s remains to Zambia.

According to the order contained in a statement from the Constitutional Court Acting Registrar Dumisani Mathiba, to the concerned parties, the Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal, and that leave to appeal must be refused.

“The Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused,” read the court order.

President Lungu died in South Africa on June 5, 2025 after an illness.

On 17th August 2025, the Gauteng High Court ruled that the remains of the former president be repatriated to Zambia for a state funeral.

However, the Lungu family applied for leave to appeal to the Constitutional Court.

Constitutional Court Declines Direct Appeal in Lungu Burial Dispute

South Africa’s Constitutional Court has refused an application by the family of former Zambian President Edgar Chagwa Lungu to appeal directly against a Pretoria High Court order regarding the repatriation of his remains. The ruling, delivered this week, underscored that litigants must follow established judicial procedures and cannot bypass lower courts to access the country’s highest tribunal.

In its pronouncement, the Constitutional Court was categorical:

“The Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused.”

The order further stated: “Leave to appeal directly to this Court is refused.”

Why the Court Said No

The decision was not a ruling on the substance of the burial dispute but a procedural one. South Africa’s apex court allows direct access only in cases of exceptional urgency or questions of major constitutional importance. The judges concluded that the Lungu family had not met this threshold.

As a result, the Pretoria High Court’s earlier order, which directed that Lungu’s remains be repatriated to Zambia for burial, remains standing. However, because the Constitutional Court has declined direct involvement, the matter now returns to the ordinary appeal process. The family must first seek leave to appeal through the Gauteng High Court, and if unsuccessful, they may escalate to the Supreme Court of Appeal. Only after exhausting those routes can the Constitutional Court consider the case again.

This layered process illustrates the principle of judicial hierarchy. By rejecting the direct appeal, the Constitutional Court has reinforced the importance of due process, making clear that litigants cannot simply “jump the queue” when the law prescribes a step-by-step procedure.

What It Means for the Burial Dispute

For the Lungu family, the ruling is a setback. It narrows their immediate legal options and removes the protective shield that a Constitutional Court intervention might have provided. While they can still pursue ordinary appeals, those processes are slower and less likely to prevent enforcement of the Pretoria order in the short term.

For the Zambian government, the decision strengthens its legal position. Officials in Lusaka have insisted that former presidents must be buried at Embassy Park, the official presidential burial site in Lusaka. President Hakainde Hichilema recently reaffirmed that this is both a legal and symbolic requirement, underscoring national unity and continuity. Yet, the government still faces the delicate political task of managing optics and family sensitivities.

Tensions remain visible. On Sunday, the Zambian government announced it was engaging the family in dialogue. But family lawyer Makebi Zulu told reporters that the family was “in prayer” and not participating in negotiations. The disconnect between official statements and the family’s position highlights the mistrust still surrounding the matter.

Wider Context and Implications

The dispute has generated intense public debate, with some commentators warning that legal wrangling may drag on for months. One observer noted that the family “went straight to the Concourt to stop the body from moving,” but the judges’ decision sends a clear message: follow procedure first.

Until every stage of the appeal process is exhausted, the Zambian government cannot act unilaterally. For now, Lungu’s body remains in legal limbo, underscoring the intersection of law, politics, and national symbolism.

Beyond the courtroom, the episode has also prompted reflection on broader priorities. Analysts argue that while the dispute commands attention, Zambia faces urgent challenges in hunger, energy shortages, and economic strain. The Constitutional Court’s refusal serves as both a procedural reminder and a subtle call to patience: justice will run its course, but in the meantime, citizens must focus on pressing national needs.

The Road Ahead

The Lungu family now faces a choice: file for leave to appeal in the High Court and, if denied, pursue the matter in the Supreme Court of Appeal. Should those efforts fail, the Constitutional Court may revisit the case, but only through the proper channels.

For now, the Pretoria High Court order stands, but enforcement remains suspended while the legal process continues. The Constitutional Court has closed one door, but the case itself remains alive , a dispute straddling the lines of law, politics, and legacy.

It’s a legal requirement to bury all Presidents at Embassy Park – HH

President Hakainde Hichilema has reaffirmed that Zambian law and tradition require all former presidents to be interred at Embassy Park in Lusaka. He stressed that this provision is not a matter of preference, but of statute and national practice, which the state is duty-bound to uphold.

Speaking during a public engagement, Hichilema explained that Embassy Park was established as the official burial ground for the nation’s heads of state, beginning with the late President Levy Mwanawasa, and subsequently hosting Kenneth Kaunda, Frederick Chiluba, Michael Sata, and Rupiah Banda. He described the site as a symbol of Zambia’s collective memory, a place where the sacrifices and contributions of past leaders are honoured, and where future generations can learn the country’s history.

The reaffirmation comes against the backdrop of controversy surrounding the burial of former president Edgar Lungu, whose family members have expressed resistance to a state-led burial at Embassy Park. Some relatives have argued for a more private arrangement, citing personal preference. The matter has escalated into a political dispute, drawing in opposition figures and fuelling public debate on the balance between family rights and state authority.

Hichilema emphasised that while he empathises with grieving families, the state cannot compromise on the legal and symbolic duty attached to the office of president. “This is not about liking or disliking a person. It is about preserving our national identity and the continuity of our institutions,” he said, adding that allowing exceptions would erode the sanctity of the precedent and weaken the symbolism of Embassy Park.

The President also argued that national unity and historical continuity are at stake. He noted that the law mandating presidential burials at Embassy Park was enacted not only as a legislative measure but as a national covenant to honour the highest office in the land. He reminded citizens that leadership is temporary, but institutions and traditions outlast individual lives. “We must protect the dignity of the presidency, not for ourselves but for future generations,” Hichilema said.

Meanwhile, Vice President Mutale Nalumango and other senior government officials have echoed the President’s stance, warning that undermining the legal requirement would set a dangerous precedent. Nalumango stressed that the burial of presidents carries a unifying national character and should not be subjected to private disputes. “This is a matter beyond family choice. It is about the Zambian people, whose history is written in these grounds,” she said.

Embassy Park itself has long been both a revered and contested site. For many Zambians, it is a national shrine, while for critics, it represents state control over private grief. The ongoing Lungu dispute has sharpened these tensions, with political actors on both sides attempting to frame the debate either as a defence of family autonomy or as an assertion of state legitimacy.

Despite this, Hichilema reiterated that government would enforce the law. “Presidents are not buried as individuals but as institutions. Their resting place is therefore a national matter, not a private one,” he concluded.

President Hakainde Hichilema has reaffirmed Zambia’s strong commitment to the work of the World Health Organization (WHO), noting the country’s 61-year partnership with the organisation.

President Hichilema noted that WHO’s presence and initiatives in Zambia reflect the value the country places on the organization and the vital support it has provided over the years.

The Head of State urged member states to collaborate in advancing key health issues across the continent, including hygiene, water and sanitation.

President Hichilema also announced that Zambia will secure dedicated office space for WHO within the country to mark the longstanding partnership.

“We must unite and commit to the health of humanity, as has been rightly emphasised,” he stated, calling on member states to make well-considered decisions aimed at improving the well-being of people across Africa.

President made the remarks when he officiated at the 75th session of the WHO Regional Committee for Africa.

The WHO Regional Committee for Africa which is the organisation’s decision-making body in the region that meets annually to discuss and endorse policies, activities and financial plans to improve health outcomes.
ZANIS