The remains of former Zambian President Edgar Lungu, who passed away in South Africa last June at the age of 68 from an undisclosed illness, remain unburied amidst a complex and contentious legal and political dispute. His family has vehemently dismissed allegations that he was poisoned, even as South African police have sought custody of his body as part of an investigation into these claims. This situation has escalated into a prolonged legal battle between Lungu's family and the Zambian government regarding the location of his final resting place.

Lungu, who served as Zambia's president from 2015 until his electoral defeat to current President Hakainde Hichilema in 2021, is at the center of this controversy. The Zambian government desires his repatriation for a state funeral with full honors. A South African court initially ruled in favor of repatriation in August, but Lungu's widow has since filed a notice at the Supreme Court of Appeal in Bloemfontein to overturn this decision. The family insists on a private burial in South Africa, citing the late president's wish that President Hichilema not attend his funeral, a reflection of the long-fraught relationship between the two political figures.

Adding another layer to the dispute, Mashele Attorneys, the Johannesburg-based law firm representing the Lungu family, confirmed their cooperation with a criminal probe into poisoning allegations. In a letter dated February 11, 2026, sent to the South African police, the attorneys stated that the family had complied with five subpoenas related to the investigation. However, they explicitly denied the underlying allegations, asserting they are “unfounded and unsupported by credible evidence.” Neo Mashele of Mashele Attorneys informed the BBC that the police investigation appeared to stem from a "public utterance" by one of Lungu's daughters, which the family maintains is "absolutely not true."

Concerns have also been raised by Mashele Attorneys regarding another subpoena issued by police to the funeral home, Two Mountains Funeral Services, where Lungu's body is being held. The firm highlighted two High Court orders stipulating that "possession and custody of the body remain with Two Mountains Funeral Services pending the finalisation of the legal proceedings," emphasizing that these orders are "binding and operative." An official from the morgue confirmed that Lungu's body is "under tight security [and] surveillance 24/7." Mrs. Lungu has remained in South Africa, spearheading the legal efforts for a burial there.

Further complicating the matter, Makebi Zulu, a Lusaka lawyer and spokesperson for the Lungu family, accused the Zambian government of hiring a private investigator to push for a postmortem on the late president. Zulu stated that this was not the first attempt by the government to gain access to Lungu’s body, alleging that these are "machinations" where the government "create a story and want to investigate based on what they have already investigated for purposes of having access to the body." He asserted that it is the Zambian government, not the South African Police Service (SAPS) directly, that is driving this agenda.

Emmanuel Mwamba, the PF faction Information and Publicity Chairperson, echoed these sentiments, describing the push for a postmortem without family consent as "regrettable" and "unnatural." He attributed this pressure to groups supported by the Zambian government and stressed that existing court directives on body custody must be respected. Mwamba strongly urged the government to desist from these activities, emphasizing that conducting a postmortem without the family's consent or knowledge sets a "dangerous precedent." He also criticized President Hakainde Hichilema for failing to demonstrate leadership in resolving the matter, calling for noble and familiar negotiations with the family to bring the late president to rest respectfully. Efforts to obtain a comment from Attorney General Mulilo Kabesha were unsuccessful.