Zambia ex-president’s family wins latest legal battle over what should happen to his body

LUSAKA – In a landmark legal development, the family of Zambia's former President, Edgar Lungu, has successfully appealed a High Court decision in South Africa, securing the right to bury his remains in that country. This ruling, delivered more than a year after his passing, overturns an earlier judgment that would have compelled the repatriation of his body to Zambia, as advocated by the Zambian government. The protracted legal battle has drawn considerable attention both in Zambia and South Africa, underscoring the complexities that can arise when a former head of state dies abroad. The dispute began shortly after President Lungu's death, when his family expressed a desire for him to be interred in South Africa, citing personal and cultural reasons. However, the Zambian government, through its High Commission in Pretoria, initiated legal proceedings to have the body returned to Zambia for a state funeral and burial, arguing that a former president's final resting place should be on home soil, in line with national honour and tradition. This stance was initially upheld by a South African High Court, setting the stage for the recent appeal. The appellate court's decision, details of which emerged this week, sided with the Lungu family, affirming their right to determine the burial location. While the full reasoning behind the judgment is yet to be widely disseminated, legal experts suggest it likely hinged on principles of personal autonomy and the rights of next-of-kin, potentially outweighing the state's claim over the remains of a deceased citizen, even one of high national stature. This outcome sets a precedent for similar cases involving prominent figures who die outside their home countries. For Zambia, the ruling closes a chapter on a sensitive and often divisive issue. While the government's initial position reflected a desire to honour a former head of state with national rites, the family's persistent legal challenge highlights the often-overlooked pers