Court Dismisses Appeal Over Lungu's Burial Rights
A South African court has dismissed an application for leave to appeal in a high-profile case concerning the burial of late former President Edgar Lungu, upholding an earlier ruling that allows the government to repatriate his remains for a state funeral.
The court ruling, delivered today, rejected the appeal application filed by the Lungu family against a judgment from August 8, 2025, which had granted the government's request to repatriate the former president's body for burial in Zambia.
The family had mounted a three-pronged legal challenge, arguing they held exclusive burial rights under common law as the deceased's heirs. They also contended that South African law should have applied to the dispute since it arose in South Africa, where Lungu's remains are currently located.
Central to their argument was a document referred to as "FAA7," which the family claimed authorised only private repatriation arrangements, not government-led repatriation.
The court found no reasonable prospects of success for the appeal, noting that the deceased was in South Africa temporarily for medical treatment and that the main parties to the dispute were foreign nationals. The judges ruled that Zambian law properly applied to the case.
"The argument that the deceased was stripped of his benefits is of no moment. He remains a former state president with attendant burial benefits at state expense upon death," the court stated.
The ruling clears the way for the government to proceed with repatriating the former president's remains for a state funeral in Zambia.