News24 | UPDATE | SA police seek custody of late Zambian president Lungu’s body amid legal wrangle

The South African Police Service wants custody of the body of late former Zambian president Edgar Lungu.

• The South African Police Service seeks custody of late Zambian president Edgar Lungu’s body, despite court orders keeping it with Two Mountains Funeral Services.
• Lungu’s family opposes the SAPS’s request, citing binding High Court orders and an ongoing appeal, warning of legal action for noncompliance.
• Lungu’s death in 2025 has sparked disputes between his family and the Zambian government over burial location, with allegations of poisoning under investigation.

The South African Police Service (SAPS) wants custody of the body of the late former Zambian president Edgar Lungu, News24 has reliably learnt.

According to letters from Mashele Attorneys Inc., which represents members of the Lungu family, the funeral home housing Lungu’s body has been issued with subpoenas directing it to release Lungu’s body into the police’s custody.

Police spokesperson Brigadier Athlenda Mathe declined to confirm or deny the police’s involvement in the matter, and would only say: “The police cannot comment at this stage as this is a very sensitive matter.”

Lungu died in 2025, sparking a legal dispute between the Zambian government and some members of the Lungu family over how and where the former statesman should be buried.

News24 has seen the 11 February lawyer’s letter addressed to SAPS sergeant Nompilo Ngwenya. In the letter, the family’s attorney states that she is aware that two High Court orders expressly direct that possession and custody of the body remain with Two Mountains Funeral Services, pending the finalisation of legal proceedings.

READ | Ex-Zambian president Lungu’s family taking burial battle to Supreme Court of Appeal

“Those orders are binding and operative. In addition, leave to appeal has been granted by the Supreme Court of Appeal. The appeal is therefore alive, and at this juncture, the operative court orders remain in force and must be respected pending the outcome of the appellate process. In the absence of a judicial variation or further order authorising removal, no person or entity is legally permitted to act inconsistently with those directives,” the lawyers wrote.

In addition, the lawyers stated that the family had instructed that they demand strict compliance with the existing court orders.

The letter further reads: “Any action taken in contravention thereof would be unlawful and subject to appropriate legal action.”

Lungu died in June last year in a South African hospital after receiving treatment for a long‑standing health condition. News24 reported that Lungu’s remains would stay in South Africa amid tensions between his family and the Zambian government over repatriation and burial. It was later reported that there were plans for him to be buried in South Africa, but that funeral was interdicted.

READ | Ex-Zambian president Lungu’s funeral dispute deepens after five months of turmoil

Meanwhile, Zambian President Hakainde Hichilema publicly maintained Lungu should be buried in Zambia, underscoring the ongoing dispute between the family and government. In December, News24 reported that Lungu’s family was taking the burial battle to Supreme Court of Appeal.

Mashele Attorneys further wrote that they had complied with five subpoenas issued in connection with the criminal investigation concerning the alleged poisoning of Lungu.

“Statements requested from our clients have been duly delivered in accordance with the criminal proceedings instituted. Our clients remain committed to cooperating with the investigation within the bounds of applicable legal directives,“ the attorneys wrote.

They added that the family had further instructed that the allegations underlying the criminal case are denied. “This position has been communicated through the statements provided and forms part of the factual record. It has further come to our attention that a subpoena has been issued to Mr Mpho Mnisi of Two Mountains Funeral Services, directing that the body of the late former president be released into the custody of SAPS. We find it necessary to record our clients’ concern with this request,” they wrote.