South Africa’s Top Court Rejects Lungu Family Appeal Over Body Repatriation

Edgar Chagwa Lungu

Source: Africa Publicity

South Africa’s Constitutional Court has rejected an application by the family of the late former Zambian President, Edgar Chagwa Lungu, seeking to block the repatriation of his body to Zambia.

The family had sought to challenge a Pretoria High Court decision ordering the repatriation of his body to Zambia for state burial.

Earlier in August 2025, the Lungu family petitioned the apex court for permission to lodge a direct appeal against the High Court ruling. Former First Lady Esther Lungu and other family members filed their application on the same day the High Court was due to hear their request for leave to appeal, a development that led to the adjournment of those proceedings.

In her affidavit, Mrs. Lungu argued that the Pretoria High Court had disregarded the family’s constitutional and legal rights, which she said are safeguarded under both South African and Zambian law. She maintained that these protections extend to her family and should have been upheld.

However, the Constitutional Court ruled that the family had not demonstrated sufficient grounds for a direct appeal.

“The Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused,” according to the court.

The decision means the matter now reverts to the High Court, where the application for leave to appeal will have to be heard after being postponed indefinitely pending the Constitutional Court’s determination.