The Pretoria High Court intervened following an urgent application by the Zambian government, which opposed the family's decision to bury the late president abroad without state involvement.
The court said the burial would not proceed, citing an 'agreement between the parties,' and scheduled a special hearing on the matter for August 4 2025.
This means Lungu's remains will not be laid to rest until at least that date.
Lungu died on 5 June 2025 in Pretoria at the age of 68, where he had been undergoing specialised treatment for an undisclosed illness. A former leader of the Patriotic Front, he served as Zambia's sixth president from 2015 to 2021 before losing the presidency to Hakainde Hichilema by a wide margin.
The dispute over his final resting place is the latest chapter in a long-running feud between Lungu and President Hichilemaâ€"one that appears to have outlived the former leader.
While Lungu's family insists he wished to exclude his successor from his funeral, the government maintains that, as a former head of state, he belongs to the nation and should be accorded a state funeral in Zambia.
Initially, both sides agreed on a state funeral. However, the deal collapsed over disagreements on the logistics and symbolism of the ceremony, leading the family to plan a private burial in South Africa instead. This move prompted the government to seek legal redress in South Africa to reclaim control over the burial process.
In its filing, the Zambian government argued that private wishes should not override national interest, citing the precedent set with Zambia's founding president Kenneth Kaunda, whose family also objected to a state burial in 2021, but was overruled.
Zambia's Attorney General Mulilo D Kabesha has until July 4 to submit an amended motion supporting Lungu's repatriation. The former president's family has until July 11 to respond with their opposing papers. The Pretoria High Court will then hear the case in August and decide who has the final say over the burial and who will bear the costs of the legal proceedings.
Wycliffe Nyamasege
