Zambia's Former President Lungu: Remains Spark Heated Legal Battle, Witchcraft Claims

The ongoing legal and diplomatic dispute concerning the mortal remains of former Zambian President Edgar Lungu in South Africa continues to be a source of national concern in Zambia. Archbishop Chama has called for timely negotiations grounded in sincerity and truth to facilitate a dignified burial for Mr. Lungu. He questioned the lack of concrete progress despite government justification for involving the South African courts, and urged Zambians to pray for both the Lungu family and the Zambian Government to find a resolution.
President Hakainde Hichilema has also addressed the matter, dismissing allegations of witchcraft circulating on social media and stating that neither he nor his family practices or believes in such acts. He expressed disappointment over false information suggesting he intends to use the remains for rituals. President Hichilema justified the South African authorities' decision to conduct a postmortem without the family's consent, explaining that it is a standard medical procedure, especially when there are suspicions about the cause of death, including potential poisoning. He emphasized the need for Mr. Lungu to be accorded a dignified burial at his home with full military honours, recognizing his role as a former commander-in-chief.
The legal battle intensified with proceedings in the Pretoria High Court. A ruling delivered on April 30, 2026, ordered that the body be placed in the care of AVBOB Funeral Parlour in Pretoria East, with all costs to be fully borne by the Government of Zambia. Should AVBOB refuse, the court will designate an alternative mortuary. This arrangement is temporary and will remain in place pending the finalization of an appeal under case number 1024/2025 in the Supreme Court of Appeal (SCA). The court also set aside an earlier urgent order that had been granted on April 22, 2026. The Lungu family will retain access to the body, as per a court order issued by Ledwaba AJP on June 25, 2025, but no other party will be granted access without a further court order.
Representing the Zambian government's position, TMBS argued that the Lungu family’s claim for an urgent order was based on incomplete disclosures and constituted an abuse of the legal process. They asserted that applicants failed to fully disclose relevant prior court orders issued by the Deputy Judge President and Acting Justice Myburgh in 2025. TMBS also highlighted miscommunication regarding repatriation and disputed the applicants' interpretations of previous judgments, such as the one from August 8, 2025, regarding the requirement of their presence for the release of the remains. Crucially, TMBS pointed to procedural missteps by the applicants concerning a lapsed appeal before the SCA, despite multiple warnings, including a request to file a condonation application. Consequently, TMBS formally requested punitive legal costs and the discharge of the interim court order from April 22, 2026, due to the perceived abuse of judicial process.
Further supporting the government's stance, Attorney General Mulilo Kabesha filed an urgent application for reconsideration, arguing that the ex parte order of April 22, 2026, should be set aside due to material non-disclosure, misrepresentation, and irregularities. Kabesha alleged that the family failed to disclose that the South African Police Service (SAPS) had lawfully taken custody of the body under Section 3(2) of South Africa’s Inquests Act for forensic purposes, thus creating a misleading impression for their immediate custody claim. He further claimed that the family sought to bypass a July 2, 2025 order designating Two Mountains as the lawful undertaker by redirecting the remains to a different facility. Kabesha warned that such actions risked causing irreparable harm to the Zambian government and undermining judicial oversight, urging the court to maintain SAPS custody until forensic examinations are completed and lawful repatriation procedures are followed.
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