Lungu's family
had wanted to bury him privately in South Africa, where he died in June. They
were left visibly distraught by the Pretoria high court's decision and intend
to lodge an appeal.
The Zambian
state welcomed the ruling, saying that while it mourned with the former
statesman's family, Lungu "belongs to the nation".
The dispute
follows a long-standing feud between Lungu and his successor, President
Hakainde Hichilema, with Lungu's family saying he had indicated that Hichilema
should not attend his funeral.
Handing down
the ruling, judge Aubrey Ledwaba said the Zambian government was "entitled
to repatriate the body of the late president" and ordered his family to
"immediately surrender" it to authorities.
Following
Lungu's death from an undisclosed illness at the age of 68, the family wanted
to be in charge of the funeral arrangements, including the repatriation of his
body, but the Zambian authorities sought to take control.
The government
and his family later agreed he would have a state funeral before relations
broke down over the precise arrangements, prompting the family to opt for a
burial in South Africa.
The former
president's elder sister Bertha Lungu cried in court after the verdict was
announced.
Speaking over
the loud wails, Zambian Attorney General Mulilo D Kabesha said the ruling was
not a win for the government but rather "what makes good sense".
"When you
are the father of the nation, you can't restrict yourself to your immediate
family," he said.
Mr Kabesha
praised the court for making a "sound judgment" and said that while
the family had a right to appeal, this was a "learning curve" for
those aspiring to the highest office.
The family has
since said it intends to "appeal against the whole judgment and
order" made by Mr Ledwaba.
This means
Lungu's body will remain in South Africa until the appeal is heard. BBC
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