The family of former President Edgar Lungu has petitioned the South African Supreme Court of Appeal to reinstate their appeal challenging a lower court order to repatriate his body to Zambia for a state funeral following his death on June 5, 2025.
The application follows the Registrar’s indication that the appeal had lapsed, resulting in the release of Mr. Lungu’s body to the Zambian government in line with a Pretoria High Court order.
In their founding affidavit, the Lungu family, through their lawyer Eddie Neo Mashele, argue that the execution of the order was unlawful.
They contend that the process was carried out without the Sheriff, that the family was neither informed nor present as required, and that the body was released to the South African Police Service, which they say is not authorised under the court order to take possession.
The appellate court has since ordered that Mr. Lungu’s body be returned to Two Mountains Funeral Services or any mortuary designated by the family.
However, the funeral service provider has indicated it is not prepared to accept the remains, urging the family not to request their return to its custody.
Addressing delays in filing the appeal, the family states that the lapse from March 30, 2026, to their attempted filing of heads of argument on April 13, 2026 amounts to only two weeks, which they argue is not unreasonable and was done well ahead of the prescribed deadline.
Meanwhile, Zambia’s Attorney General Mulilo Kabesha has confirmed that Mr. Lungu’s body has been transferred to the Zambian government, adding that authorities will engage the family to finalise burial arrangements.
By Darius Choonya
