Drama over former Zambian president’s body as court orders its return

The family of former Zambian president Edgar Chagwu Lungu has launched an urgent court bid in Pretoria after his body was taken from a mortuary without their permission by the South African Police Service (SAPS) and Zambian authorities. 

Esther Lungu, the wife of the former president, lodged an urgent application in the high court in Pretoria on Wednesday, seeking an order for her husband’s body to be returned to the mortuary from which it was taken. 

In the application, Lungu cites six respondents, including the SAPS, the national police commissioner, the minister of police, the Zambian government, Two Mountains Burial Services and the minister of international relations and cooperation. She is asking the court to compel them to return the remains of the late statesman. 

In a draft order, Judge Rochelle Francis-Subbiah ruled that the first, second, third and fourth respondents take steps to ensure that the body of Lungu is returned to the premises and custody of Two Mountains Burial Services or any mortuary nominated by the family. 

Furthermore, Francis-Subbiah stated that all respondents must provide reasons why they should not be convicted for contempt of court. The order, effective until 21 May or any anticipated date, on which the respondent shall explain why the order should not be made final. 

On Wednesday, the family said they were stunned after the corpse of the sixth president of Zambia was allegedly removed without permission or a court order on 22 April.

Family lawyer Makebi Zulu said the family were informed that SAPS and Zambian agents went to the mortuary, demanding the body. “There was no court order for this to happen and an appeal had already lapsed,” he said.

Lungu died in South Africa in June 2025 after a short illness. He was 68. His body was being kept in a secret location after a stand-off between his family, who wanted him buried in South Africa, and the Zambian government, led by President Hakainde Hichilema, who wanted a state funeral.

In 2025, a Pretoria court ordered the president’s remains to be repatriated to Zambia. But the body remained in the country.

The Zambian government wants Lungu buried at Embassy Park, along Independence Avenue opposite the Cabinet Office, the final resting place for Zambia’s deceased presidents. It was made a national monument in 2009.

In accordance with his wishes, his family wanted Lungu to have a private burial in South Africa. Colonel Athlenda Mathe, the spokesperson for the SAPS, said she was unaware of the incident but “will check”.

The department of international relations and cooperation was unavailable at the time of publication.

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