Africa-Press – Zambia. THE family of late former president Edgar Lungu has demanded that the Zambian government should pay for the cancelled funeral and all legal fees incurred in the ongoing court battle over his remains.
In their latest court filing before the South African High
Court, Lungu’s widow, Esther Lungu, children and sibling Bertha have asked the court to issue a punitive costs order against the Zambian government, arguing that its last minute legal actions caused not only emotional distress but also financial losses to the family.
The respondents who happen to be Esther Lungu, her sister in law Bertha, children, Tasila, Dalitso and Chiyeso Lungu, nephew Charles Phiri, lawyer Makebi Zulu and the funeral company Two Mountains submitted that the state deliberately disrupted the funeral scheduled for June 25, 2025, by launching an “eleventh-hour” urgent application two hours before the burial.
“The launching of an eleventh-hour urgent application on the morning of 25 June 2025, the very date and time scheduled for the funeral of the late President Lungu, with only two hours’ notice to the Respondents… alone justifies a punitive costs order,” reads part of the family’s heads of argument.
“The Applicant [government] knew at the very latest that the remains would not be returned to Zambia on the 18th of June 2025. Yet, it waited until the morning of the funeral to launch its application, causing the entire ceremony to be called off.”
They argued that this move led to great emotional and financial cost for the family, who had already paid for the venue, funeral home, transport, security and clergy, in line with President Lungu’s personal burial wishes.
The family accused the government of acting in bad faith, fabricating urgency to interfere with burial decisions that rightfully belong to the widow.
They said the state’s actions were politically motivated, especially given Lungu’s known opposition to being buried under the current administration.
The family also raised serious concerns about the conduct of the lawyer representing the Zambian government in South Africa, Hemisha Gihwala, whom they allege misled the court in a secret application filed on July 2, 2025, by making false claims about the funeral arrangements and misrepresenting the scope of a previous court order.
The Lungu family wants the court to report her to the Legal Practice Council for disciplinary action and consider making her personally liable for some of the legal costs.
According to the family, Gihwala falsely claimed that there had been a “common understanding” that the funeral parlour (Two Mountains) would continue preserving Lungu’s body and that the existing court order was “ambiguous.”
But the family contends this interpretation was “neither contemplated by the order nor agreed upon by the parties.”
“Despite this, she made a number of statements in her affidavit which were demonstrably false or materially misleading, and which border on perjury,” alleges the filing.
“The Respondents regard this conduct as unbecoming of an attorney of the High Court and intend to refer the matter to the Legal Practice Council for investigation and possible disciplinary action.”
They argued that the Zambian government has no legal right to dictate the burial of the late Lungu, particularly under South African law, which gives that authority to the surviving spouse.
“The Applicant has failed to establish any legal or factual basis for the relief it seeks. The Respondents, particularly the First Respondent as the lawful surviving spouse, is entitled under South African law to determine the burial of the late president Lungu,” the court papers read.
They further stressed that the late former president’s wishes were clearly and repeatedly expressed that he is not to be buried under the current Zambian administration and those wishes must be respected.
On the government’s attempt to rely on Zambian legislation and previous local cases, the respondents are firm that the Zambian government’s reliance on foreign law, including the Benefits Act and the Kaunda case, is misplaced, neither has binding effect in South Africa.
They are urging the court to dismiss government’s case entirely, order the state to pay for all legal costs and cover all funeral related expenses that were lost due to the abrupt cancellation of Lungu’s burial.
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