Lungu Family Appeals Pretoria Court Ruling, Citing Ignored Burial Wishes and Harm to Dignity
By Brian Matambo – Sandton, South Africa
The family of former Zambian President Edgar Chagwa Lungu has launched a formal appeal against a Pretoria High Court ruling that ordered his remains to be released to the Zambian government for repatriation and a state funeral in Lusaka. The move deepens a high-profile legal and political dispute that has gripped Zambia and drawn regional attention.
In court papers filed through Mashele Attorneys, the widow, Esther Lungu, and six other family members argue that the Full Court “erred” in granting relief that disregarded the late president’s express wishes. They say Lungu had made clear that those who had shown no concern for his welfare in life should not preside over his funeral or burial in death, a pointed reference to current President Hakainde Hichilema.
The appeal states that the court wrongly treated a tentative funeral programme, marked as “FAA7” in the record, as a final binding agreement. The family contends that this document expressly required further consultation on who would speak at events and under what conditions, and that no such final agreement was reached.
“The guarantees given by the Government of the Republic of Zambia were clear,” the filing says, “that they would not deviate from undertakings or betray the trust of the family and the wishes of the late President Lungu.” The appellants maintain that the state’s actions have already broken that trust.
Beyond the legal arguments, the family frames the dispute as one of dignity, cultural autonomy, and political neutrality in the burial of a former head of state. They warn that allowing the current government to control the funeral would cause “undue harm” to them and violate principles under both South African family law and Zambian customs.
While the appeal does not detail new evidence, allies of the family have called for the leaked audio allegedly featuring Robert Chabinga discussing judicial influence to be admitted into the record, arguing that it casts doubt on the fairness of the original judgment.
The case, now heading for review, is being closely watched in Lusaka, Pretoria, and among regional bodies. If the appeal succeeds, it could block the repatriation order and give the family greater authority over the late president’s final rites. If it fails, the Pretoria judgment stands, clearing the way for a state-managed burial at Embassy Park, Zambia’s official presidential cemetery.