SA appeals court blocks return of Lungu's body for state burial

South Africa's Supreme Court of Appeal (SCA) has ruled in favor of the family of the late former Zambian President Edgar Lungu, overturning a lower court decision that had authorized the repatriation of his remains to Zambia for a state funeral and burial.

Lungu, who led Zambia from 2015 to 2021, died in South Africa a year ago while undergoing medical treatment.

His body has been in South Africa amid a dispute between his family and the Zambian government over his final resting place.

Zambia's government had argued the burial was a matter of national interest. It said it had already prepared a grave for Lungu at a cemetery where all presidents are traditionally buried, and that any personal wishes must give way to the national interest. 

In its judgment on Tuesday, the court ruled that the Zambian government had failed to establish a legal right under South African law to determine where and how Lungu should be buried, allowing the family’s wishes to stand.

"The majority judgment held that the Zambian Government had failed to establish a legal right to override the family's decision regarding the burial of the late President Lungu. This SCA found that the evidence relied upon by the Zambian Government reflected ongoing negotiations rather than a concluded agreement. Applying the Plascon-Evans rule, the majority accepted the family's version that no final agreement had been reached," the SCA said in a statement.

A minority of judges dissented, saying a binding agreement had been reached and the government was entitled to enforce it. The court, however, ruled with the majority, upholding the appeal with costs.

It was not immediately clear how the Zambian government would respond to the ruling.