CAPE TOWN — South Africa's Supreme Court of Appeal ruled in favor of Edgar Lungu's family, rejecting a claim by the Zambian government for custody over his body. This ruling overturned a previous South African court decision that had mandated the family hand over Lungu's remains to the Zambian government for repatriation.

Edgar Lungu died in South Africa on June 5, 2025, at the age of 68. His family decided to bury him in South Africa, citing his last wishes that Hakainde Hichilema not preside over a state funeral for him in Zambia or come near his body. The Zambian government had sought to bury Lungu's body in a cemetery designated for the African nation's leaders.

The Supreme Court of Appeal, which is South Africa's second highest court, stated in a majority ruling that "the common law and constitutional rights of family prevail" over the Zambian government's claim. Justice Raylene May Keightley commented on the situation in Tuesday's judgment. "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," Keightley said.

Last August, the South African high court in Pretoria had ruled that the Zambian government could repatriate the body and conduct a state funeral. In April, Zambia's government announced that Lungu's remains had been "formally transferred" to the state by the South African court. Hours after this announcement, the same South African court ordered the Zambian government to return the body until the matter could be heard in court again.

Lungu died of an undisclosed illness at a clinic in Pretoria. Mourners received conflicting information from the Zambian government and Lungu's political party, the Patriotic Front, following his death. Two separate mourning periods were announced, and competing condolence books were established.

Supreme Court of Appeal judges indicated that it was clear Lungu "viewed himself to be persona non grata in his own country" of Zambia. They also said that Lungu "felt that he would not be afforded a dignified send-off" if his successor was present. Lungu served as president of Zambia from 2015 to 2021. He twice defeated Hakainde Hichilema in elections; during his presidency, Hichilema was imprisoned for four months on treason charges that were later dropped. Lungu lost an election to Hichilema in 2021 and later claimed he had been effectively placed under house arrest by authorities acting on Hichilema's instructions. The Zambian government still has the option to appeal the Supreme Court of Appeal's decision to the Constitutional Court.