Lungu granted his wish to be buried near his family in SA

The Supreme Court of Appeal (SCA) has delivered a landmark judgment, setting aside a previous order of the High Court in Pretoria that granted the Zambian government authority to bury its former president Edgar Lungu.

- Faizel Patel

Yesterday, the SCA overturned last year’s ruling authorising the Zambian authorities to repatriate Lungu’s remains for a state funeral and burial.

The family can now bury Lungu in South Africa, according to his wishes.

Justice Raylene Keightley ruled that South African constitutional protections for dignity, privacy and family autonomy, together with common law principles recognising the rights of next of kin, supported the family.

“In the absence of proof of such an agreement, the family’s constitutional rights to dignity, privacy, and family autonomy prevail.

“The appeal is upheld with costs, including the costs of two counsel where so employed.