Lungu family approaches ConCourt in bid for private burial in SA
Lungu died in Johannesburg in June after an illness.
The application by Lungu's widow Esther and other family members was filed with the apex court on Friday, the day the full bench of the Pretoria high court was set to hear an application for leave to appeal against its judgment last Friday.
The full bench had ruled that the Zambian government was 'entitled to 'repatriate the body of the late president' and ordered the burial company where Lungu's remains are to 'immediately surrender' it to Zambian authorities.
The application for leave to appeal to the Supreme Court of Appeal on Friday was adjourned until Monday after the high court was informed the family and the Zambian government had resumed engagements to discuss the best way forward regarding the leave to appeal application.
In her affidavit before the Constitutional Court, Esther Lungu said the Pretoria high court had completely ignored the constitutional and legal rights of Lungu's family that were protected under the constitution and common law. She said these rights applied to everyone in South Africa and were thus applicable to the Lungu family.
The high court had also ignored the equivalent rights of the Lungu family under Zambian law, which similarly protected the family, she said.
Lungu said at the heart of this matter was a dispute about who had the right to make decisions about the burial of the late president between his surviving spouse and the broader Lungu family, on the one hand, and the Zambian government on the other hand.
'The Lungu family contends that we, the spouse and children, as the heirs of President Lungu, have the exclusive right to decide on the intimate and extremely personal details of his burial, including that he will be buried in private.'
She said the family's position was informed by the protections afforded to the family by South Africa's constitution and common law.
'Our wishes for a private burial emanate from both our own wishes, as well as those of President Lungu. Before his passing on June 5, President Lungu expressed his wishes and made it clear that if he were to pass on he did not want those who did not care for him while he was still alive to be 'anywhere near his body'.'
She said it was her husband's wish that incumbent Zambian President Hakainde Hichilema, among other people, should not attend nor speak at his funeral.
This was informed by the estranged relationship between Lungu and the regime in Zambia. Consistent with the wishes of Lungu, the family had decided that it would have a private burial to avoid any interactions and involvement with the Zambian government, she said.
However, the Lungu family was approached by a number of parties for the family to open up the possibility of engaging with the Zambian government regarding Lungu being afforded a state funeral. This was despite that at the time of his death and due to his estranged relations with the current regime, Lungu had been stripped of his benefits as a former president, she said.
Though the Lungu family was reluctant to engage with the Zambian government , it nonetheless understood that there were many Zambians who would wish to pay their last respects in a state funeral.
'At all material times, however, the family was clear that any agreement to a state funeral would have to be on circumscribed terms that catered for the wishes of the family.'
She said initially, the negotiations had progressed to a point where Zambian officials had agreed that the wishes of Lungu would be honoured. A tentative programme was prepared by the Lungu family in line with the wishes of the family and Lungu.
The programme proposed the transportation of the remains of Lungu to be private, with his family and by private charter.
However, two days after the family had produced its programme, a handwritten programme was circulated by the Zambian government, which was a complete departure from what the officials and the family had agreed on.
'The government now wanted to repatriate the mortal remains of President Lungu and President Hichilema was among the speakers at the funeral.'
She said after the Zambian government's attempt to superimpose its own programme on the family, the negotiations between the parties had broken down and no agreement was reached for a state funeral. The family decided to proceed with its choice of a private burial, which would be held in South Africa.
This led to the Zambian government approaching the high court for an order declaring it was entitled to repatriate the mortal remains of Lungu.
Lungu said the reason for the extreme urgency in its application was that it had already been more than two months since her husband's death and his body was still lying in a mortuary.
'The matter cannot await ordinary appellate processes because there is a real risk of President Lungu's body decomposing while awaiting the matter to go through ordinary appellate processes,' she said.
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Lungu family approaches ConCourt in bid for private burial in SA
'Our wishes for a private burial emanate from both our own wishes, as well as those of President Lungu. Before his passing on June 5, President Lungu expressed his wishes and made it clear that if he were to pass on he did not want those who did not care for him while he was still alive to be 'anywhere near his body'.' She said it was her husband's wish that incumbent Zambian President Hakainde Hichilema, among other people, should not attend nor speak at his funeral. This was informed by the estranged relationship between Lungu and the regime in Zambia. Consistent with the wishes of Lungu, the family had decided that it would have a private burial to avoid any interactions and involvement with the Zambian government, she said. However, the Lungu family was approached by a number of parties for the family to open up the possibility of engaging with the Zambian government regarding Lungu being afforded a state funeral. This was despite that at the time of his death and due to his estranged relations with the current regime, Lungu had been stripped of his benefits as a former president, she said. Though the Lungu family was reluctant to engage with the Zambian government , it nonetheless understood that there were many Zambians who would wish to pay their last respects in a state funeral. 'At all material times, however, the family was clear that any agreement to a state funeral would have to be on circumscribed terms that catered for the wishes of the family.' She said i nitially, the negotiations had progressed to a point where Zambian officials had agreed that the wishes of Lungu would be honoured. A tentative programme was prepared by the Lungu family in line with the wishes of the family and Lungu. The programme proposed the transportation of the remains of Lungu to be private, with his family and by private charter. However, two days after the family had produced its programme, a handwritten programme was circulated by the Zambian government, which was a complete departure from what the officials and the family had agreed on. 'The government now wanted to repatriate the mortal remains of President Lungu and President Hichilema was among the speakers at the funeral.' She said after the Zambian government's attempt to superimpose its own programme on the family, the negotiations between the parties had broken down and no agreement was reached for a state funeral. The family decided to proceed with its choice of a private burial, which would be held in South Africa. This led to the Zambian government approaching the high court for an order declaring it was entitled to repatriate the mortal remains of Lungu. Lungu said the reason for the extreme urgency in its application was that it had already been more than two months since her husband's death and his body was still lying in a mortuary. 'The matter cannot await ordinary appellate processes because there is a real risk of President Lungu's body decomposing while awaiting the matter to go through ordinary appellate processes,' she said. TimesLIVE
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The application for leave to appeal to the Supreme Court of Appeal on Friday was adjourned until Monday after the high court was informed the family and the Zambian government had resumed engagements to discuss the best way forward regarding the leave to appeal application. In her affidavit before the Constitutional Court, Esther Lungu said the Pretoria high court had completely ignored the constitutional and legal rights of Lungu's family that were protected under the constitution and common law. She said these rights applied to everyone in South Africa and were thus applicable to the Lungu family. The high court had also ignored the equivalent rights of the Lungu family under Zambian law, which similarly protected the family, she said. Lungu said at the heart of this matter was a dispute about who had the right to make decisions about the burial of the late president between his surviving spouse and the broader Lungu family, on the one hand, and the Zambian government on the other hand. 'The Lungu family contends that we, the spouse and children, as the heirs of President Lungu, have the exclusive right to decide on the intimate and extremely personal details of his burial, including that he will be buried in private.' She said the family's position was informed by the protections afforded to the family by South Africa's constitution and common law. 'Our wishes for a private burial emanate from both our own wishes, as well as those of President Lungu. Before his passing on June 5, President Lungu expressed his wishes and made it clear that if he were to pass on he did not want those who did not care for him while he was still alive to be 'anywhere near his body'.' She said it was her husband's wish that incumbent Zambian President Hakainde Hichilema, among other people, should not attend nor speak at his funeral. This was informed by the estranged relationship between Lungu and the regime in Zambia. Consistent with the wishes of Lungu, the family had decided that it would have a private burial to avoid any interactions and involvement with the Zambian government, she said. However, the Lungu family was approached by a number of parties for the family to open up the possibility of engaging with the Zambian government regarding Lungu being afforded a state funeral. This was despite that at the time of his death and due to his estranged relations with the current regime, Lungu had been stripped of his benefits as a former president, she said. Though the Lungu family was reluctant to engage with the Zambian government , it nonetheless understood that there were many Zambians who would wish to pay their last respects in a state funeral. 'At all material times, however, the family was clear that any agreement to a state funeral would have to be on circumscribed terms that catered for the wishes of the family.' She said initially, the negotiations had progressed to a point where Zambian officials had agreed that the wishes of Lungu would be honoured. A tentative programme was prepared by the Lungu family in line with the wishes of the family and Lungu. The programme proposed the transportation of the remains of Lungu to be private, with his family and by private charter. However, two days after the family had produced its programme, a handwritten programme was circulated by the Zambian government, which was a complete departure from what the officials and the family had agreed on. 'The government now wanted to repatriate the mortal remains of President Lungu and President Hichilema was among the speakers at the funeral.' She said after the Zambian government's attempt to superimpose its own programme on the family, the negotiations between the parties had broken down and no agreement was reached for a state funeral. The family decided to proceed with its choice of a private burial, which would be held in South Africa. This led to the Zambian government approaching the high court for an order declaring it was entitled to repatriate the mortal remains of Lungu. Lungu said the reason for the extreme urgency in its application was that it had already been more than two months since her husband's death and his body was still lying in a mortuary. 'The matter cannot await ordinary appellate processes because there is a real risk of President Lungu's body decomposing while awaiting the matter to go through ordinary appellate processes,' she said.
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