Monday, 18 August 2025The highly anticipated appeal concerning the repatriation of late former Zambian President Edgar Chagwa Lungu has been adjourned indefinitely by the Pretoria High Court. The bench ruled that it must first await guidance from the Supreme Court, effectively putting the proceedings on hold sine die.
The case, pits the Government of Zambia against former First Lady Esther Lungu. At the centre of the dispute are the repatriation and burial arrangements of the late Head of State, with the family insisting that the personal wishes of the deceased and the rights of his immediate relatives must be fully respected.
Mrs. Lungu’s legal team advanced several grounds of appeal, challenging the government’s actions and the High Court’s earlier rulings. These include:
1. Violation of Family Rights – The legal team argues that the government’s attempts to repatriate the body without the family’s consent undermine constitutional protections afforded to the family, including dignity, privacy, and respect for cultural and traditional practices.
2. Public Interest vs. Personal Wishes – The appeal contended that the High Court placed excessive emphasis on the government’s public interest argument while disregarding the explicit wishes of the late President and the consent of his immediate family.
3. Procedural Irregularities – The appeal stated that earlier rulings failed to properly consider submissions on jurisdiction and denied the family the right to have their case fully heard before any burial directive could be enforced.During a brief sitting in Pretoria, the High Court confirmed that it would not proceed with the case until the Supreme Court delivers its ruling on these critical issues. With this judgment, the family remains the sole custodians of the late President’s remains, and the Government of Zambia will not have access to, nor can it repatriate, the body until the higher court provides guidance.
The Supreme Court’s decision will likely determine the balance between state authority and the rights of the family in matters involving the burial of national leaders. And many South African nationals have highlighted the broader implications for constitutional protections, cultural norms, and the limits of governmental power in sensitive family matters. They have called on the Government of Zambia to respect the wishes of the late and his family.
All eyes are now on the Supreme Court for a ruling that could set a significant legal and cultural precedent.
– GrindStone Television Zambia