The remains of Zambia's late former president, Edgar Chagwa Lungu, have become the center of a complex legal, political, and potentially criminal investigation, marked by conflicting accounts and accusations of unlawful conduct. Makebi Zulu, a family spokesperson, revealed in a circulating video that the South African Police Service (SAPS) took custody of the body on Wednesday, initiating a probe into a possible murder. This development, he stated, is part of a wider inquiry that has reportedly questioned five members of the Lungu family earlier this year, and a postmortem was conducted.

However, initial reports lacked independent confirmation from the SAPS or any official authority in Pretoria, and the Zambian government remained silent despite earlier confirmation by Attorney General Mulilo Kabesha that the remains were in state custody following a High Court ruling. This information vacuum fueled speculation, with local reports indicating efforts to verify the postmortem's authenticity and Patriotic Front-aligned circles advancing unverified claims of ritual activity and foul play.

Adding to the complexity, the Lungu family issued a strongly worded statement from Pretoria, accusing Zambian government officials and South African police officers of unlawfully seizing and conducting an unauthorized postmortem on the former Head of State’s remains. They described these actions as a “grave abuse of power” and a violation of international legal norms, asserting that officials acted with “blatant disregard for South African court orders and due process,” amounting to a “desecration of the dignity of President Edgar Chagwa Lungu.”

According to the family, problems began on April 22 when SAPS officers and Zambian officials arrived at Two Mountains Funeral Services, claiming to enforce a “lapsed” High Court repatriation order from August 25, 2025. Despite no family representative being present, the officials allegedly pressured the funeral home to release the body. The remains were then transported to the Tshwane Forensic Pathology Service and booked in under entry number 0632/26. Zulu detailed that Sergeant Ngwenya and an unnamed Zambian diplomat opened Postmortem Docket FPS 002/SAP 180, wherein Sgt. Ngwenya claimed the late president had died of “suspected poisoning,” allegedly reported by a family member—a claim the family insists is “entirely fabricated.”

Upon learning of these events, the family’s legal team urgently approached the High Court of South Africa – Pretoria, which, between 22:00 and 23:00 on April 22, issued an order directing the immediate return of the remains to Two Mountains Funeral Services. This order also required all parties to show cause why they should not be held in contempt. Zulu affirmed that the order was properly served on both South African state authorities and the Zambian Government’s legal representatives.

Despite this clear directive, Zulu stated that instructions from Zambian authorities and Sgt. Ngwenya led forensic pathologist Dr. Shirley Jena-Stuart to perform a postmortem at Tshwane Forensic Pathology Service between 08:30 and 14:00 on April 23. He emphasized that “no South African or foreign court ever authorized such a procedure” and that the 2025 court order cited made no mention of a postmortem. The family further claims the facility held the body until approximately 21:40 on April 23, only releasing it after their lawyers escalated the matter to senior South African police officials. The family has since regained custody of the remains in accordance with the High Court’s order and has moved the body to a morgue of their choice.

In the face of these accusations, an important legal and scientific distinction emerges regarding forensic postmortems. Unlike a hospital or “clinical” autopsy, which may require family consent, a forensic (medico-legal) postmortem is a state-mandated investigation. It is carried out when a death is sudden, unexplained, suspicious, or of significant public interest. In such circumstances, the body transitions from being solely under family custodianship to becoming part of a legal inquiry.

In both South Africa and Zambia, legislative frameworks like the National Health Act, Forensic Pathology Service Regulations, and the Inquests Act empower the state to investigate unnatural or unclear deaths without requiring family approval. This serves as a critical safeguard, preventing individuals from obstructing investigations into deaths potentially linked to crime, negligence, or public health threats. The investigation of the cause of death is not merely a medical procedure; it is a cornerstone of law, public health, and governance, essential for uncovering crimes, identifying systemic failures, and protecting the living.

When the deceased is a public figure, particularly a former head of state like Edgar Lungu, the stakes are considerably higher. Such individuals symbolize national leadership, and allowing their burial without a clear, medically established cause of death invites speculation, conspiracy theories, and erosion of public trust. Ambiguity in such cases is seen as dangerous, as nations should never be left guessing about the circumstances of their leaders' deaths. While cultural and spiritual concerns regarding postmortems are acknowledged, it is affirmed that the procedure is a scientific one, affirming the deceased's dignity by seeking truth and accountability.

The family remains unwavering in its commitment to honor the late president’s dignity and has rejected the notion of abandoning the remains to the state, despite the alleged desecration. Zulu contends that the chain of events demonstrates “unlawful conduct, falsification of official records, and disregard for both South African law and international norms.” He emphasized that no family member was present during the removal of the body, its handover, or the postmortem. The family reserves all legal rights, including contempt proceedings, and calls for full, transparent inquiries from both the Zambian and South African governments into the conduct of the officials involved. The situation remains fluid, with multiple layers of legal, diplomatic, and now potentially criminal dimensions unfolding simultaneously, as the fracas surrounding the former president's funeral continues, partly due to family demands that President Hakainde Hichilema should not attend.