Lusaka, 30 April 2026 — The Government of the Republic of Zambia and the family of the late Sixth President, Dr. Edgar Chagwa Lungu, have signed a consent order that formally nullifies the ex parte order issued on 22 April 2026.
Ex Parte Order Set Aside
The earlier order had temporarily placed custody of the former President’s remains with his family while they were still held by the South African Police.
“The urgent ex parte Order granted on 22 April 2026 by Honourable Judge Francis-Subbiah has been reviewed and is hereby set aside,” reads part of the consent order.
Background to the Case
Following the lapse of the appeal before the Supreme Court of Appeal, the Government cited the judgment delivered on 8 August 2025 to take custody of the remains. However, the transfer to Zambia had not yet occurred, as the body remained under the care of the South African Police.
New Custody Arrangements
Through mutual agreement, the late President’s remains will now be placed in the custody of AVBOB (Pretoria East), with all related costs covered by the Government of Zambia. This arrangement will remain in place until the appeal before the Supreme Court of Appeal is concluded.
In line with the High Court Order of 25 June 2025, the family will retain access to the remains until the matter is fully resolved.
Government Welcomes Development
The Government has welcomed the agreement, stating that it has consistently maintained that the situation was never intended to become a dispute over custody of the remains.
Officials also reiterated their commitment to continued engagement with the former President’s family to reach a peaceful resolution and ensure he receives a dignified burial.
Agreement on Transfer Date
Meanwhile, the Government has agreed to the family’s request to move the body from B3 Undertakers to AVBOB on Monday, 4 May 2026, instead of immediately as initially directed.
Through their lawyers, Mashele and Company, the family requested that the transfer take place on Monday when they are able to be present. Under the consent order signed earlier, the body was to be moved immediately from B3 Undertakers to AVBOB.
Official Statement
Issued by:
Mr. Mulilo Kabesha
Attorney General
Republic of Zambia