Zambia ex-president’s family wins latest legal battle over what should happen to his body
Zambia’s Former President’s Family Secures Final Resting Place in South Africa Amid Political Dispute
Zambia ex president s family wins – More than a year after the passing of Zambia’s former president, Edgar Lungu, his family has emerged victorious in a protracted legal battle over his final resting place. The Supreme Court of Appeal in Bloemfontein recently ruled in favor of the family’s request to have Lungu’s remains interred in South Africa, where he died, overturning an earlier high court decision that had permitted the Zambian government to repatriate his body. This outcome marks a significant shift in the conflict between Lungu’s family and the Zambian administration, which has been embroiled in a dispute over how to honor the late leader’s legacy.
A Legal Showdown Over Dignity and Legacy
The resolution of this case has sparked renewed interest in the tensions between Lungu and his successor, President Hakainde Hichilema. While the Zambian government argued for a state funeral in Lusaka, Lungu’s family maintained that a private burial was more in line with his wishes. The Supreme Court’s ruling emphasized that Lungu had expressed a desire to exclude Hichilema from his funeral or to keep him “anywhere near” his body, underscoring the emotional weight of the decision.
Justice Raylene May Keightley, who delivered the judgment, highlighted the symbolic nature of the dispute. She stated in her ruling,
“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.”
This sentiment reflects the deepening rift between the family and the government, which has escalated since Lungu’s death in August 2022.
From Pretoria to Lusaka: A Pivotal Legal Journey
The legal saga began in August 2022 when the South African high court in Pretoria ruled that the Zambian government could reclaim Lungu’s body and stage a formal state funeral. The decision, which followed months of negotiation, was met with visible disappointment from Lungu’s relatives, who had hoped for a more private farewell. However, the government’s victory was short-lived. In April 2023, an unexpected turn occurred when the same South African court ordered the body’s transfer to Zambia, only for the government to be instructed to return it for further proceedings.
Edgar Lungu, who served as Zambia’s leader from 2015 to 2021, died of an undisclosed illness at the age of 68. His death, which took place at a clinic in Pretoria, triggered a series of events that exposed the fragile state of relations between his family and the Zambian political establishment. Mourners were initially confused by conflicting statements from the government and the Patriotic Front (PF), the party Lungu led. Two separate mourning periods were announced, and at one point, competing condolence books circulated, creating a spectacle of disarray.
The Unsettling Feud That Transcended Life
Lungu and Hichilema, who had long been political rivals, were locked in a bitter rivalry that stretched for years. Hichilema, once a prominent opposition figure, eventually secured the presidency after a contentious election, marking the end of Lungu’s tenure. The two leaders’ disagreements, which often centered on governance and economic policies, were said to have left Lungu feeling alienated within his own country. This sentiment, according to the Supreme Court of Appeal, contributed to his wish to be laid to rest in South Africa, far from the political tensions that defined his final years.
While the Zambian government has maintained that Lungu should be honored alongside his predecessors in the presidential burial ground in Lusaka, his family has argued that the government failed to respect his personal wishes. The funeral arrangements, which were meant to be a unifying event, became a battleground for ideological differences. The family’s decision to pursue legal action highlights their belief that Lungu’s legacy is being overshadowed by the political ambitions of those who once opposed him.
A Symbol of National Honor or a Personal Choice?
The presidential burial ground in Lusaka holds symbolic importance as a site for commemorating Zambia’s leaders. For the government, it represents a way to ensure that Lungu is remembered with the respect and ceremony befitting a former head of state. However, the family’s appeal challenges this notion, asserting that Lungu’s personal preferences should take precedence over institutional traditions.
After the initial high court ruling allowed the repatriation of Lungu’s body, the family launched an appeal, which culminated in the Supreme Court of Appeal’s decision. The court’s judgment, which underscored Lungu’s feelings of estrangement, has left the Zambian government in a precarious position. As the ruling stands, the government must now decide whether to comply with the order to bury Lungu in South Africa or challenge it further. The outcome will determine how the late president’s final moments are remembered and whether his family’s demands are fully realized.
Legacy in Question: The Impact of Legal Decisions
The legal proceedings have not only focused on the logistics of Lungu’s burial but have also brought to light the broader implications of the feud. For the family, the ruling represents a vindication of their efforts to honor their father in a manner that aligns with his values. For the government, however, the decision may be perceived as a loss of control over the narrative surrounding Zambia’s leadership.
Adding to the complexity, the South African court’s role in this dispute has been pivotal. Initially, it had transferred Lungu’s remains to the Zambian authorities, only to reverse its decision later. This back-and-forth highlights the challenges of international legal cooperation and the emotional stakes involved in such decisions. The family’s persistence in pursuing the case, despite the initial setback, demonstrates their commitment to ensuring Lungu’s final wishes are fulfilled.
From Conflict to Closure: The Path Forward
With the Supreme Court of Appeal’s ruling, the legal battle appears to be nearing its conclusion. However, the Zambian government’s next steps remain uncertain. While the family has secured the right to bury Lungu in South Africa, the government may still seek to assert its authority, potentially leading to additional legal maneuvering. The outcome of this case could influence future disputes over the treatment of political figures and their families in Zambia.
Lungu’s death has also reignited debates about the role of former leaders in national politics. His absence from the public eye has allowed for a reevaluation of his policies and the personal dynamics that defined his time in office. The ruling to bury him in South Africa may be seen as a testament to his personal history and the complex relationship he had with the nation he led. Whether this choice is viewed as a tribute to his character or a gesture of defiance against the government remains to be seen.
The case has captivated both Zambians and international observers, serving as a microcosm of the broader political tensions in the country. As the legal process concludes, the focus will shift to the practicalities of arranging Lungu’s burial in South Africa. The family’s victory, though final, may also set a precedent for future disputes involving political figures and their personal wishes versus institutional obligations.
Edgar Lungu’s story is a reminder of how deeply political conflicts can permeate even the most personal aspects of life. His body, once a symbol of national leadership, now represents the unresolved tensions between family and state. The journey from Pretoria to Lusaka and back again has underscored the emotional and symbolic weight of his final resting place, leaving a lasting impact on those who witnessed the unfolding drama.
Additional reporting by Nomsa Maseko in Johannesburg. The presidential feud that even death couldn’t end. ‘It’s coming home’ – the undignified row over the body of Zambia’s ex-president. Go to BBCAfrica.com for more news from the African continent. Follow us on Twitter @BBCAfrica, on Facebook at BBC Africa, or on Instagram at bbcafrica.