A legal dispute has arisen between the Zambian government and the Lungu family over custody of former President Edgar Lungu's remains, with the government challenging a court order that would return the remains to a private mortuary, arguing that the family failed to take necessary legal steps regarding their lapsed appeal and that the order was granted ex parte in their absence.
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LUNGU FAMILY BLAMED IN REMAINS DISPUTEAdded:
South Africa's Pretoria High Court is expected to hear a legal showdown tomorrow, Thursday, April 30th, 2026, between the Zambian government and the Lungu family over who should have custody of former President Edgar Lungu's remains.
The Zambian government has since moved to challenge a recent urgent ruling that compelled it to return the remains to private mortuary.
The ruling was issued shortly after authorities acted on the August 2024 High Court decision, which granted the government authority to repatriate the former president's body for state funeral and burial.
Several applications have since been made in relation to the matter.
In its latest application, Two Mountains Burial Services has accused the Lungu family of being the authors of their own misfortune, arguing that the family failed to take the necessary steps regarding their lapsed appeal pending before the Supreme Court of Appeal.
The burial service further submitted that the Lungu family had been called upon to file a condonation application together with an application to reinstate the lapsed appeal within 24 hours, failing which the government would proceed to execute the August 8th, 2025 court order.
Two Mountains contends that the Lungu family's ex parte urgent application constitutes an abuse of court process and has urged the court to order the applicants to pay costs on a punitive scale, including counsel fees.
On the other hand, the Zambian government argues that the order directing the return of the body to the Lungu family was granted ex parte in the absence of the government of Zambia on April 22nd, 2026, and should therefore be reconsidered and set aside. It further argues that the members of the Lungu family are not residents of South Africa and have both the capacity and motivation to move the late president's body outside the Republic of South Africa.
The government adds that if such action proceeds as it believes is already underway, it would cause irreparable harm.
Justin Tamanins.
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