JOHANNESBURG, June 23 (Reuters) - Family of Zambia's ex-leader should decide burial site, SAfrica court rules
Zambia can't have ex-leader Lungu's body repatriated, SAfrica court says
A South African appeals court ruled on Tuesday that the family of former Zambian President Edgar Lungu should decide where he is buried, overturning a lower court's order that Zambia's government could repatriate Lungu's body for a state funeral.
Lungu, who led Zambia from 2015 to 2021, died in South Africa a year ago while undergoing medical treatment.
His body has remained in South Africa since, as his family and the Zambian government have wrangled over whether he should be buried at a site designated for Zambia's former presidents in the capital Lusaka, or privately in South Africa as his family prefers.
Lungu and his successor, current President Hakainde Hichilema, were longstanding political rivals, and his family says Lungu would not have wanted Hichilema to be present at his funeral.
In its judgment on Tuesday, South Africa's Supreme Court of Appeal said the Zambian government had failed to show it had a legal right under South African law to override the family's wishes on where and how Lungu should be buried.
It also rejected Zambia's argument that a binding agreement had been reached with the family over the funeral, saying that evidence pointed to ongoing negotiations rather than a final deal.
Zambia's Attorney General Mulilo Kabesha did not answer a phone call seeking comment on Tuesday's ruling.
South Africa's government has said it has an obligation to respect the wishes of Lungu's family, but it also said it felt a state burial in Zambia would be the most fitting outcome for the former leader.
Lungu drove Zambia deeply into debt during his roughly six years in power. The country defaulted on its international debt in 2020, precipitating his election loss.
Hichilema will seek re-election for a second five-year term at an election in August.
(Reporting by Sfundo Parakozov;Editing by Alexander Winning and Gareth Jones)
