THE High Court in South Africa has heard that parties in the case involving the late former President Edgar Lungu have mutually agreed to place his remains at AVBOB Mortuary in Pretoria East, with access strictly limited to immediate family members.
The court further heard that any other party seeking access to the body must first apply to the court, with notice given to the family.
A lawyer representing the Lungu family,Tembeka Ngcukaitobi, stated that the parties had agreed to the terms of the order.
“The terms of the order are as follows: Having read the court file of record, and by agreement between the parties, the following order is made. First, the order granted ex parte on an urgent basis on 22 April 2026 by Honourable Judge Francis Subia is reconsidered and set aside.
Second, by agreement between the parties,the applicants and the fourth respondents, the body of the late President Edgar Lungu shall forthwith be placed in the care of AVBOB, Pretoria East,” Mr Ngcukaitobi said.
He said in the event that AVBOB refuses to accept the appointment, the court shall appoint an alternative mortuary.
“Third, the order in paragraph two above shall operate pending the finalisation of the appeal under case number 1024-2025 in the Supreme Court of Appeal.
Fourth, until the Supreme Court of Appeal makes its ruling in terms of clause three above, the first to seventh applicants shall retain their rights of access to the body, as per the court order issued by Le Duaba AJP on 25 June 2025,” he said.
The lawyer added that any other person who wishes to access the body for any purpose must first obtain a court order.
And in its ruling, the court struck out the order for costs on both parties.
“I express my appreciation to the parties for resolving this matter in the manner that they did. I do not think it is in the interest of the parties to continue litigating pending the appeal process,” the judge said.
(Mwebantu, Thursday, 30th April, 2026)