Hichilema 0 - 1 Lungu

A South African appeals court has ruled that the family of former Zambian president Edgar Lungu has the right to determine where he will be buried, overturning an earlier court decision that would have allowed the Zambian government to repatriate his remains for a state funeral.

The ruling by South Africa's Supreme Court of Appeal brings a significant development in a dispute that has pitted Lungu's family against the government of Zambia over the former leader's final resting place.

Lungu, who served as Zambia's president from 2015 until 2021, died in South Africa while receiving medical treatment. His body has remained in South Africa since his death as disagreements persisted over funeral arrangements and burial plans.

The Zambian government had sought to return Lungu's remains to Lusaka for burial at a designated site reserved for former presidents, arguing that a state burial would be the most appropriate honour for a former head of state.

However, members of his family opposed the move, expressing a preference for a private burial in South Africa.

The dispute has been complicated by the long-standing political rivalry between Lungu and his successor, Hakainde Hichilema.

Family members have maintained that Lungu would not have wanted Hichilema to attend his funeral and have cited that position in opposing a state-led burial process.

In its judgment, the Supreme Court of Appeal found that the Zambian government had failed to establish a legal basis under South African law to override the wishes of Lungu's relatives regarding the handling of his remains.

The court also rejected claims that a binding agreement had been reached between the government and the family concerning funeral arrangements.

Judges concluded that available evidence pointed to ongoing discussions and negotiations rather than a final, enforceable agreement.

Following the ruling, Zambia's Attorney-General, Mulilo Kabesha, said the government would respect the court's decision despite disagreeing with aspects of the judgment.

"We will not exercise our right to appeal to the Constitutional Court. We will not take the matter any further," Kabesha said.

The decision effectively ends the legal battle over the matter and leaves the family with the authority to determine the burial arrangements.

The South African government had previously stated that while it believed a state burial in Zambia would be a fitting tribute to a former president, it also recognised its obligation to respect the wishes of Lungu's family.

Lungu's presidency was marked by major economic challenges, including rising public debt and Zambia's sovereign debt default in 2020, the first African country to default on its international debt obligations during the COVID-19 era.

He was defeated by Hichilema in the 2021 presidential election, ending six years in office.

The ruling comes as Zambia prepares for another election cycle, with Hichilema expected to seek a second five-year term in elections scheduled for August.

For now, the court's decision clears the way for Lungu's family to proceed with funeral and burial arrangements according to their wishes, bringing an end to months of legal and political uncertainty surrounding the former president's final resting place.