South African courts issued conflicting orders within hours on Wednesday regarding the former president's detention of edgar chagwa lungu An immediate intervention halted the move and ordered the return of the body to the cremation facility before control was transferred to the Zambian government.
Gauteng Division of the High Court in Pretoria It was previously confirmed that the remains had been handed over to Zambian authorities, acting on an August 8, 2025 decision authorizing the government to take custody for repatriation and burial. Attorney General mulilo kabesha The transfer was said to have occurred following the family's failure to pursue their case before the Supreme Court of Appeal, with the remains being transferred from Two Mountains Burial Services to a South African government facility.
The legal situation changed within a few hours.
An urgent application later brought by members of the Lungu family prompted the intervention Supreme Court of Appeal of South Africawho ordered an immediate halt to any further movement of the remains and directed that the body be returned Two Mountains Funeral Parlor.
family spokesperson makebee zulu Confirming the decision, it said the court had granted a stay and directed both governments to reverse the actions already taken.
“The Supreme Court has just put us on hold. The Zambian government and the South African government have been ordered to take the body back to the Two Mountains Funeral Parlor,” Zulu said.
Court documents dated April 22, 2026, show that the case was brought as an urgent ex parte application, involving several members of the Lungu family. esther lungu, bertha lunguAnd Tasila LunguWith other applicants. The listed respondents include the South African Police Service, the National Police Commissioner, the Minister of Police and the Government of the Republic of Zambia.
The order directs the authorities to ensure that the remains of the late former President are returned to the custody of Two Mountains Burial Services or any other mortuary nominated by the applicants without any delay. It also prevents the respondents from handing over the bodies to the Government of Zambia pending further proceedings.
Going forward, the court has ordered the respondents to appear and show cause as to why they should not be cited for contempt of court, a move that shows how seriously the judiciary is taking compliance with its directions.
“Furthermore, he is also ordered to show cause why he should not be held guilty of contempt,” Zulu said.
The legal clash comes after the Zambian government attempted to enforce an earlier High Court ruling by taking possession of the remains on the same day. According to the report of sabc newsThe appellate court intervened at the last moment, effectively suspending the transfer and reversing the already initiated movement.
Lungu, the sixth President of Zambia, died in South Africa on June 5, 2025 and has not yet been buried due to a long-running dispute between his family and the government over funeral arrangements. The latest court action has deepened the legal complexity surrounding the case, leaving custody of the remains under dispute and blocking any immediate repatriation.
The orders issued on Wednesday will remain in force until May 21, 2026, or an earlier date to be determined by the court, at which point the respondents are expected to return to the court to address contempt proceedings and final determination of the case.
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