Government of the Republic of Zambia v Lungu Family & Others
| Court | High Court of South Africa (Gauteng Division, Pretoria) |
|---|---|
| Full case name | Government of the Republic of Zambia v Esther Lungu, Bertha Lungu, Tasila Lungu, Dalieso Lungu, Chiyeso Lungu, Charles Phiri, Makebi Zulu, and Two Mountains Pty Ltd |
| Decided | 8 August 2025 |
| Verdict | Judgment in favour of the Government of the Republic of Zambia |
| Citation(s) | Case No. 096565/2025 |
| Opinions | State funeral protocol overrides private preference in matters of national interest |
Government of the Republic of Zambia v Lungu Family & Others was a 2025 legal case brought by the Government of Zambia in the Gauteng Division of the High Court of South Africa. The case addressed a dispute over the burial of former Zambian President Edgar Lungu, who passed away in Pretoria on 5 June 2025.
The Zambian government sought to repatriate the late president’s remains for a state funeral and burial at Embassy Park in Lusaka. However, the Lungu family opposed this plan and intended to bury him privately in South Africa, citing the late president’s personal wishes and objecting to the presence of President Hakainde Hichilema at the funeral.
Background
Following President Lungu’s death in South Africa while undergoing medical treatment, the Zambian government declared a period of national mourning and announced intentions to conduct a state funeral in line with established presidential burial procedures. However, the Lungu family—led by his widow Esther Lungu and children including Tasila Lungu—expressed opposition, stating that Lungu had wished to be buried privately and without involvement from the sitting government.
The conflict drew public and political attention in both Zambia and South Africa. Tensions between the two sides were heightened by the historical rivalry between Lungu and President Hichilema, further complicating the national discourse around the former president’s legacy.
Legal Proceedings
On 24 June 2025, the Attorney General of Zambia filed an urgent court application in the Gauteng High Court in Pretoria to halt the scheduled private burial. The legal action named multiple members of the Lungu family, their lawyer Makebi Zulu, and the South African funeral services provider, Two Mountains Pty Ltd, as respondents. The Zambian government cited Article 177(5)(c) of the Constitution of Zambia, which grants the state authority over ceremonial honours for former heads of state.
The court granted an interim interdict on 25 June 2025, effectively suspending the burial. A full hearing followed on 4 August, and the final judgment was delivered on 8 August 2025.
Judgment
The court ruled in favour of the Zambian government, stating that a valid agreement existed between the family and state for the repatriation and official burial of Edgar Lungu. The panel of judges emphasized that public interest, constitutional responsibility, and state protocol took precedence over private wishes in the case of a national figure.
The High Court ordered the immediate surrender of the former president’s remains to the Zambian authorities and permitted the government to proceed with a state funeral and interment at Embassy Park.
See also
- Edgar Lungu
- Death and state funeral of Edgar Lungu
- Embassy Park Presidential Burial Site
- Politics of Zambia
- Constitution of Zambia
