A South African appeals court ruled on Tuesday that the family of former Zambian President Edgar Lungu should decide where he is buried.

The appeal court overturned a lower court’s order that ‌Zambia’s government could repatriate Mr Lungu’s body for a state funeral.

Mr Lungu, who led Zambia from 2015 to 2021, died in South Africa a year ago while undergoing medical treatment.

His body has remained in South Africa since.

His family and the Zambian government have disagreed over whether he should be buried at a site designated for ⁠Zambia’s former presidents in the capital Lusaka, or privately in South Africa as his family prefers.

Mr Lungu and his successor, current President Hakainde Hichilema, were longstanding political rivals, and his family says Mr Lungu would not have wanted Mr Hichilema to be present at his funeral.

Zambia’s Attorney General Mulilo Kabesha said the government respected the South African court’s decision, though it did not agree with the majority judgement.

“We will not exercise our right to appeal to the Constitutional Court. We will not take the matter any further,” Mr Kabesha said.

In its ‌judgement ⁠on Tuesday, South Africa’s Supreme Court of Appeal said the Zambian government failed to show it had a legal right under South African law to override the family’s wishes on where and how Mr Lungu should be buried.

It also rejected Zambia’s argument that a binding agreement had been ⁠reached with the family over the funeral, saying that evidence pointed to ongoing negotiations rather than a final deal.

South Africa’s government has said it has an obligation to respect the wishes of ⁠Mr Lungu’s family, but it also said it felt a state burial in Zambia would be the most fitting outcome for the former leader.

Mr Lungu drove Zambia deeply into debt during ⁠his roughly six years in power.

The country defaulted on its international debt in 2020, precipitating his election loss.

Mr Hichilema will seek re-election for a second five-year term at an election in August. 

(Reuters/NAN)