JOHANNESBURG (AP) — A South African court on Friday ruled in favor of the government of Zambia and ordered that it can repatriate the remains of its former president and bury him in his home country, against his family’s wishes.
The Zambian government and the family of the late Edgar Lungu, Zambian president from 2015 to 2021, have been embroiled in legal battle over his remains and burial.
Lungu died in June, aged 68, at a South African hospital following an undisclosed illness.
His family wanted him to be buried in South Africa and for the current President Hakainde Hichilema neither to attend his funeral nor be involved in its arrangements.
The family said it was Lungu’s final wish that Hichilema should not get anywhere near his burial, but the Zambian government went to court to stop him being buried in South Africa.
The court ruled on Friday that Zambia had the authority to hold a state funeral for its former leader.
“The court noted that the Zambian courts have previously emphasized that a state funeral is a matter of public interest and protocol for a person of national significance.
“Such that even if a president has expressed a desire not to be given a state funeral, such a wish must be overridden by public interest,” said Judge President Aubrey Ledwaba.
Lungu and Hichilema were sworn political rivals. Their conflict led to Hichilema’s imprisonment in 2017, when Lungu was president.
Last year, Lungu accused Hichilema’s government of using police to harass him and restrict his movements. His family also said the government had initially prevented him from traveling to South Africa for treatment, a charge the government denied.
Zambia’s Attorney General Mulilo Kabesha welcomed the judgment, telling reporters that he hoped the ruling would bring the matter to a close even though the family still had a right to appeal.
“This is not winning. You don’t win over a burial. It’s just what makes good sense, that the former president of the Republic of Zambia should be buried in his own country, the country where he was president,” said Kabesha.
