The High Court in Pretoria has agreed to a procedural compromise in the highly sensitive case concerning the remains of former Zambian President Edgar Lungu, who died in South Africa more than ten months ago without having been buried.
The agreement, reached between the Zambian government and the family, stipulates that the body will now be placed in the custody of the AVBOB morgue in Pretoria East, pending the outcome of the proceedings before the Supreme Court of Appeal.
According to the terms of the consent order, the transfer was initially to take place immediately from the B3 Undertakers funeral home. However, at the request of the family, represented by the law firm Mashele and Company and their attorney and spokesperson Makebi Zulu, the transfer was postponed to Monday, May 4, 2026, to allow for the presence of relatives.
Judge Piet van Niekerk, presiding over the hearing, welcomed the agreement between the parties, believing that it was not in their interest to continue the legal proceedings pending the appeal.
The Zambian government is covering all costs related to the storage of the remains at AVBOB, a facility located in Pretoria East, while the family retains a controlled right of access, with any third-party visits requiring prior judicial authorization. The arrangement remains strictly provisional and contingent upon the outcome of the ongoing appeal.
This compromise comes after several weeks of legal tensions marked by conflicting rulings regarding the custody of the body. The family had obtained the temporary return of the remains after an initial attempt by Zambian authorities to transfer them for repatriation, before a new legal dispute was brought before the South African courts.
In his statements, lawyer Makebi Zulu denounced a "painful" process for the family, citing in particular a post-mortem examination conducted without the consent or presence of relatives, as well as what he considers irregular movements of the body. For their part, the authorities in Lusaka maintain their intention to repatriate and bury the former head of state in Zambia, in accordance with a court order that remains in force but is being contested.
Outside the courthouse, tensions were also palpable on the sidelines of the hearing, with protesters demanding the return of the body to the country. Despite the temporary agreement, the dispute remains unresolved, with the central question of the burial site to be decided by the Supreme Court in the coming weeks.
Tags:
africaaustralia
