THE family of ex-Zambian President Edgar Lungu, who died in South Africa last June and is yet to be buried, have dismissed allegations he was poisoned.
South African police also want custody of his body as part of their investigations, according to the late politician’s family.
In a letter to the police, seen by the BBC, their lawyers say the family are co-operating with “criminal proceedings”, but maintain the allegations are “unfounded and unsupported by credible evidence”.
It is the latest twist over the fate of Lungu’s body, which remains in a morgue in South Africa and has been subject to an ongoing legal battle between his family and Zambia’s government over where he should be buried.
South Africa’s police service has refused to comment on the letter sent by the Johannesburg law firm Mashele Attorneys, which is representing the Lungu family.
Police spokesperson Brig Athlenda Mathe told the BBC: “This is a very sensitive matter that cannot be discussed at this stage.”
Lungu died of an undisclosed illness aged 68 at a clinic in South Africa’s capital, Pretoria. He had led Zambia from 2015 until 2021, when he lost elections by a huge margin to current President Hakainde Hichilema.
The Zambian government wants Lungu’s remains to be repatriated and given a state funeral, with full state honours – and a South African court ruled in its favour in August.
But Lungu’s family want a private burial in South Africa as they say the former president had not wanted Hichilema to attend his funeral. The relationship between the two politicians had long been fraught.
In the letter to the South African police, dated 11 February 2026, Mashele Attorneys confirmed that on behalf of the Lungu family it had “complied with the five subpoenas issued” in relation to a criminal probe looking into allegations that the former Zambian president was poisoned.
“For the avoidance of doubt, it is our clients’ instruction that the allegations underlying the criminal case are denied,” the letter said.
Neo Mashele, from Mashele Attorneys, told the BBC the investigation by police appeared to be based on a “public utterance” about a poisoning allegation made by one of Lungu’s daughters that was “absolutely not true”.
In its letter, Mashele Attorneys also raised concern over another subpoena it said had been issued by police to the funeral home looking after Lungu’s body.
It said there were two High Court orders that directed that “possession and custody of the body remain with Two Mountains Funeral Services pending the finalisation of the legal proceedings”.
“Those orders are binding and operative,” the letter said.
An official from the morgue where the remains are being stored told the BBC that Lungu’s body was “under tight security [and] surveillance 24/7”.
Mrs Lungu has remained in South Africa since the death of her husband and is leading legal efforts to have him buried in South Africa.
Last week she filed a notice at the Supreme Court of Appeal in Bloemfontein to overturn the earlier ruling that her husband’s body be sent back home.