The mortuary that had been holding the remains of former president Edgar Lungu has informed lawyers representing the Lungu family not to seek a court order to return the body to its facility.
In a document seen by the media, lawyers from ENSafrica, acting on behalf of Two Mountains Burial Services, stated that their client had already complied with a court order after failing to receive any legal basis to delay its execution.
The lawyers said the remains are no longer under the care or control of their client, as they have since been taken into custody by the South African Police Service(SAPS) for ongoing investigations. 
“We have been advised by the Zambian Government’s attorney that the body will not be immediately repatriated so that the SAPS can continue with their investigations and the remains of the late President have been taken by the SAPS to a state facility,” read part of the document.
They added that their client had been placed in a difficult position, incurring significant legal costs arising from the dispute involving the Lungu family, the Zambian government and SAPS.
“In these circumstances and having regard to the fact that the remains of the late President are no longer under our client’s care and control, our client is not prepared to accept possession of the remains,” the lawyers stated.
They further advised that should the family proceed with court action, they must not request that the remains be returned to their client.
The development follows a prolonged legal standoff between the family and the Zambian government over the burial of the former head of state, which has kept his body in South Africa for several months.
Meanwhile, Attorney General Mulilo Kabesha confirmed that the Pretoria High Court had formally transferred Lungu’s remains to the Zambian government.
Lungu died at a clinic in South Africa on June 5, 2025. Plans to repatriate his body were later disrupted after the family reversed an earlier decision to return his remains to Zambia, despite preparations for a state funeral.
The dispute escalated through various legal processes, including applications before the Pretoria High Court and the Constitutional Court of South Africa.
In August 2025, the Pretoria High Court ruled that Lungu’s remains should be handed over to the Zambian government for repatriation and burial with full state honours. However, the family continued to challenge the decision through further appeals.
Subsequent legal efforts, including an appeal to the Supreme Court of Appeal of South Africa, did not proceed after the family failed to meet submission deadlines, effectively allowing the earlier court ruling to stand.
