Overview
- The Supreme Court of Appeal set aside an August 2025 Gauteng High Court order on June 23, 2026, rejecting Zambia’s bid to repatriate Edgar Lungu for a state funeral.
- The SCA majority, led by Justice Raylene Keightley, found that South African constitutional rights to dignity, privacy and family autonomy and common‑law next‑of‑kin rules support the family’s control over burial decisions.
- The court concluded the Zambian government did not prove any contract, law or customary rule that would let it override the family’s wishes under South African law.
- Reports say the Zambian government has instructed its lawyers not to appeal the SCA judgment, which clears the way for the family to bury Lungu in South Africa; his body has been held in South Africa since his death on June 5, 2025.
- The decision settles a high‑profile dispute driven by Lungu’s political rivalry with President Hakainde Hichilema and may shape future conflicts over state funerals, cross‑border repatriation and how courts weigh family rights against state claims.