Court order stops a former Zambian president's burial in South Africa on the day of his funeral
The Zambian government succeeded in getting a court order to stop the private burial of former President Edgar Lungu in South Africa on Wednesday after it filed a last-minute case that was heard on the day of the funeral.
The case forced members of Lungu's family to delay their appearance at a burial service and instead attend a courtroom hearing in the South African capital dressed in black funeral attire.
The Pretoria High Court ruled that both parties had agreed after consultations that Lungu would not be buried until the case over where his funeral would be held was decided. The judge set an Aug. 4 date for another hearing.
The legal challenge by the Zambian government against Lungu's burial in South Africa was the latest development in a nearly monthlong dispute with Lungu's family over the details of his funeral and final resting place.
The Zambian government wants Lungu to have a state funeral at home — something Lungu's family have refused to allow because of his bitter political feud with current Zambian President Hakainde Hichilema.
Lungu, who was Zambia's leader from 2015 to 2021, died of an undisclosed illness in a South African hospital on June 5 at the age of 68.
A state funeral for him in Zambia was canceled twice because of disagreements over the details. His family and lawyers said he left specific instructions that Hichilema should not attend his funeral, while the Zambian government said Hichilema was due to preside over the state funeral.
Zambia's Attorney General Mulilo Kabesha filed papers in the South African court Tuesday seeking an urgent injunction to stop Wednesday's funeral, according to Zambia's national broadcaster ZNBC. The court papers demanded that the former president be buried in Zambia with full military honors, as mandated by Zambian law and in keeping with the public interest, ZNBC reported.
Zambia's government said it had already prepared a grave for Lungu at a cemetery where all presidents are traditionally buried. It added that any personal wishes must give way to the national interest.
Lungu's family had decided against repatriating his body and arranged their own funeral service and a private burial. Top members of Lungu's political party traveled to South Africa for the funeral.
The hearing in Pretoria began around an hour before Lungu's funeral service was due to begin. Mourners arrived for the service at a Johannesburg church around 60 kilometers (37 miles) away while the case was being heard.
A memorial service later went ahead but the court order prevented the family from burying the former president before a final ruling.
Kabesha told ZNBC after the court hearing that the government hoped an agreement to repatriate Lungu's body could be struck this week. 'He's not a refugee,' he said.
Lungu and Hichilema had a long history of political enmity in the southern African country.
Lungu beat Hichilema in a 2016 presidential election, and his government imprisoned Hichilema for four months in 2017 on charges of treason because his convoy didn't give way to the president's motorcade on a road. The move to imprison Hichilema was widely criticized by the international community and Hichilema was released and the charges dropped.
Hichilema defeated Lungu in a 2021 vote. Last year, Lungu accused Hichilema's government of using the police to restrict his movements and effectively place him under house arrest. Lungu also accused the government of interfering in a court case that prevented him from running again in next year's presidential election against Hichilema.
The government denied the accusations.
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Zimba reported from Lusaka, Zambia.
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Wetin be di kasala wey dey happun wit di burial of former Zambia president, why di burial dey drag?
One South Africa court don pause di plans to bury former Zambian President Edgar Lungu for one private ceremony just as e dey about to start. Dem announce di news to mourners for South Africa afta dem finish one funeral mass. Dis na di latest twist inside one gbas-gbos between di goment and di Lungu family ova im burial. Di family bin decide to do private ceremony for South Africa, instead of full state funeral for dia kontri. Di Zambian goment bin file one urgent case for di Pretoria High Court to stop di burial wey im family dey plan. Di court tok say di funeral no go kontinu afta one "agreement between di parties" as e be now, e be like say no funeral go happun until August at di earliest. Di kasala dey come sake of one long-standing quarrel between Lungu and im successor, President Hakainde Hichilema, Lungu family tok say di late president indicate say make Hichilema no attend im funeral. Afta Lungu death for South Africa at di age of 68, di family wan dey in charge of di funeral arrangements, wey include bringing back im body, but di Zambian authorities wan control evritin. Afta plenty back and forth, di goment and di family later agree say e go get state funeral, bifor disagreement enta ova di exact arrangements, all dis wahala make di family decide to bury di late president for South Africa. President Hichilema dey argue say Oga Lungu, as a former president, "belong to di nation of Zambia" and dem suppose burial am for di kontri. For one address, President Hichilema tok say Lungu, as a former president, "belong to di nation of Zambia" and im body therefore suppose "dey buried in Zambia wit full honours, and no be for any oda nation". However, because of di row, e announce immediate end to di mourning period, e say di kontri need to "resume normal life". "Di goment don do evritin possible to engage wit di family of our departed sixth president," e tok. Di national mourning period initially run from 8 to 14 June but dem later extend am until 23 June, wit flags flying at half-mast and radio stations playing solemn music. President Hichilema and senior officials bin ready to receive Lungu coffin wit full military honours. However, Lungu family block di repatriation of im remains for di last minute, dem say goment go back on dia agreement ova di funeral plans. Di current disagreement ova Lungu burial highlight di tense relationship between im and im successor, wey play out in life and continue even in death. Wen Lungu be president, e lock Hichilema up for more dan 100 days on treason charges afta Hichilema motorcade allegedly refuse to make way for am. E bin take di intervention of di Commonwealth bifor e release Hichilema. Four years later, and afta five attempts at presidency, Hichilema defeat Lungu. Di Pretoria court give Zambian attorney general Mulilo D Kabesha until 4 July to submit im "amended notice of motion" in support of Lungu repatriation to Zambia. Im family get until 11 July to file dia opposing papers. "Dem go hear dis mata as special motion on di 4th of August 2025," di court tok. Dem go determine di costs of di urgent application then. Di Zambian goment argue say personal wishes no suppose override di greater public interest, as dem cite di case of founding President Kenneth Kaunda. For 2021, Kaunda family bin tok say im want make dem bury am next to im wife and no be di site wey goment allocate. However, di goment bin go ahead and dem bury Kaunda for Embassy Memorial Park for Lusaka. "Di High Court rule say national interest take precedence ova individual or family preferences bicos designated burial place dey for former presidents, and laid down set of protocol dey ground to handle those proceedings wey di state dey carry out, no be political party," Oga Mweetwa tok. Dis argument - about di state rights to dead president body - don play out many times across Africa. For 2019, Robert Mugabe die nearly two years afta im former right-hand man, Emmerson Mnangagwa unseat am as Zimbabwe president. Mugabe family no gree make dem bury am for di national Heroes' Acre,dem argue say im former colleagues betray am.
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