Zambia’s former president Edgar Lungu’s family has won a legal battle to have his body buried in South Africa where he died, according to the BBC. The Supreme Court of Appeal in South Africa made the ruling, which finally puts to rest the legal dispute over his remains following a feud between Lungu and his successor, President Hakainde Hichilema.
Legal Dispute Over Burial Location
The Zambian government had long argued that as a former head of state, Lungu should be honored in Zambia and laid to rest alongside his predecessors in the capital, Lusaka. However, Lungu’s family wanted a private burial after negotiations with the government over the funeral arrangements broke down.
“The very ritual intended to bring closure has, instead, pitted family against the state in a hard-fought legal dispute far from the protagonists’ home,” said Justice Raylene May Keightley in Tuesday’s judgement.
Previous Court Rulings
Last August, the South African high court in Pretoria ruled that Zambia’s government could repatriate the body and give him a state funeral, as this outcome left Lungu’s relatives visibly distraught in the courtroom.
The family appealed against the decision, but in a surprise announcement in April, Zambia’s government said Lungu’s remains had been “formally transferred” to the state by the South African court. However, just a few hours later, the same South African court ordered the Zambian government to return the body until the matter went to court again.
Political Tensions and Personal Wishes
Lungu, who led Zambia from 2015 until 2021, had numerous disputes with Hichilema, who was the opposition leader for many years before finally unseating his bitter rival. After Lungu’s death. His family said the ex-president did not want Hichilema to be at his funeral or “anywhere near” his body.
In this latest ruling at the Supreme Court of Appeal, the judges said it was clear that the former president “viewed himself to be persona non grata in his own country” of Zambia and “felt that he would not be afforded a dignified send-off” if his successor was present.
The Zambian government has said while it disagrees with the ruling, it will “not be taking the matter any further.” The former president died of an undisclosed illness aged 68 at a clinic in Pretoria. Chaos ensued following his death. With mourners receiving conflicting information from the government and Lungu’s political party, the Patriotic Front (PF) — Two separate mourning periods were announced, and at one point there were competing condolence books.
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