Johannesburg – The Supreme Court of Appeal (SCA) has overturned a Gauteng High Court ruling that had authorised the Zambian government to repatriate former president Edgar Lungu’s remains for burial in Zambia.
The SCA found that the previous decision failed to adequately consider the constitutional rights of Lungu’s family, including dignity, privacy and family autonomy.
It ruled that in the absence of a binding agreement, the family’s wishes take precedence.
As a result, the court has cleared the way for Lungu to be buried in South Africa, in line with his family’s preference.
“In the absence of proof of such an agreement, the family’s constitutional rights to dignity, privacy, and family autonomy prevail.
“The appeal is upheld with costs, including the costs of two counsel where so employed. The order of the high court is set aside and is replaced by the following order: The application is dismissed with costs, including those of two counsel where so employed,” Justice Raylene Keightley ruled.
JUST IN: The SCA has set aside the August 2025 Gauteng High Court in PTA judgment that found that the Zambian govt is entitled to repatriate the remains of the late fmr Pres. Edgar Lungu for a State funeral & burial. Lungu passed away on 5 June 2025. Appeal is upheld #SABCNews pic.twitter.com/jvLO7tKwKr
— Canny Maphanga (@CannyMaphanga) June 23, 2026
The ruling brings to an end — for now — a long-running legal dispute between Lungu’s family and the Zambian government over his final resting place.
Lungu died in June in Pretoria, aged 68, prompting disagreement over whether he should receive a state funeral in Zambia or be buried privately in South Africa.
The family argued that he had expressed a wish to be buried in South Africa and opposed state involvement in his funeral arrangements, while the Zambian government had pushed for repatriation and a state funeral in Lusaka.
BREAKING:
The SCA has ruled in favour of the family of Zambian President, Edgar Lungu, setting aside a previous high court ruling!
A year since his passing, Lungu’s can now be buried in South Africa and not repatriated to Zambia. #EdgarLungu #Zambia pic.twitter.com/hOmcScsQny
— Kgomotso🌸 (@motso_modise) June 23, 2026
The case will now proceed in line with the SCA’s decision, which dismissed the earlier high court order with costs.
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Picture: Facebook /Edgar Chagwa Lungu
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Compiled by Betha Madhomu
