PRETORIA-(MaraviPost)-The family of the late former Zambian President Edgar Lungu has filed an urgent application in the South African courts, seeking leave to appeal a ruling concerning his funeral and burial arrangements.
The application was submitted to contest a decision made by the Pretoria High Court on 8 August 2025.
The ruling in question ordered that Lungu’s remains be repatriated to Zambia for burial and permitted the current Zambian President to participate in the funeral proceedings.
Lungu’s family argues that the court’s decision goes against his documented wishes, particularly his desire to have no involvement from the current Zambian leadership in his funeral.
They further state that no binding agreement existed between the family and the Zambian government regarding the funeral arrangements, only a tentative proposal referenced as Annexure “FAA7.”
According to the application, the Pretoria High Court mistakenly applied Zambian law to the matter, despite lacking sufficient evidence to justify such a legal framework.
The family contends that South African law should have governed the ruling, since Lungu passed away within South African jurisdiction.
The applicants additionally argue that the court failed to consider key constitutional rights, including dignity, cultural freedom, and the right to self-determination in matters of death and burial.
They also accuse the respondent of misrepresenting facts, which they believe the court ignored when making its decision.
The family is now seeking leave to escalate the matter to the Supreme Court of Appeal, insisting that the ruling is not only legally flawed but also deeply harmful to their rights and the legacy of the late former President.
Concluding Analysis
This legal battle underscores the complex intersection between international law, national sovereignty, and personal legacy in posthumous affairs.
As the family seeks justice in line with Edgar Lungu’s final wishes, the case also raises broader questions about how foreign courts interpret and enforce cross-border funeral rights. With the appeal now heading to a higher court, the outcome could set a precedent for similar disputes involving high-profile figures who die abroad.
Ultimately, the judgment will test the extent to which cultural, constitutional, and national considerations can coexist in transnational legal disputes surrounding death and burial.