The family of late former Zambian president Edgar Lungu has approached South Africa’s Supreme Court of Appeal in Bloemfontein to challenge a ruling allowing the Zambian government to repatriate and bury him with a state funeral in Zambia.

The family argues that the Pretoria High Court erred in granting the Zambian government authority over the burial arrangements, insisting that Lungu’s widow, Esther Lungu, and his children should have the exclusive right to decide where and how he is buried.

Although the family initially engaged the Zambian government over the possibility of a state funeral, they say negotiations collapsed after authorities insisted the ceremony be presided over by current President Hakainde Hichilema.

Representing the family, Advocate Tembeka Ngcukaitobi told the court that Lungu had “explicitly opposed” any involvement by President Hichilema in his funeral arrangements because of “deep-seated political and personal problems” between the two leaders.

‘Final decision with family’

Ngcukaitobi also said the family did not want “to be dictated to by the Zambian government about where the body ought to be buried", arguing that whether the burial takes place in South Africa or Zambia, the final decision should rest with the family.

The lawyer further argued that the High Court failed to properly consider the constitutional rights raised by the family, including their rights to dignity, privacy, and family autonomy in burial decisions.

Zambia’s government announced in April that it had taken possession of the body of former President Edgar Lungu after a South African high court cleared the way for its repatriation.

Lungu died at a medical centre in the South African capital, Pretoria, on June 5 last year and remained unburied due to protracted negotiations and a legal battle between the Zambian government and his family over where he should be buried.

He led the southern African nation from 2015 to 2021.

The legal battle comes just days before Zambia marks the first anniversary of Lungu’s death on June 5, with the dispute over his final resting place still unresolved.