Repatriation of Lungu's remains to Zambia for burial paused as family challenges court order
The decision was made on Friday after a two-month court battle, with the family insisting to have the former head of state laid to rest in South Africa.
The family has now approached the court for leave to appeal its judgment in the Supreme Court of Appeal (SCA).
ALSO READ:
• Edgar Lungu's family says court erred in its judgment after ordering that he be buried in Zambia
• Edgar Lungu's family files papers for leave to appeal High Court judgment
• Court orders Edgar Lungu's remains be repatriated back to Zambia
The high court had ruled that there was an existing valid agreement between the family and the state to have the former president's remains repatriated and for him to have a state funeral.
But the family has disputed this, arguing that in the meeting referred to by the court, there was no consensus reached.
The high court had ruled that the Lungu family hand over his remains to a representative of the state but that order is now stayed pending the application for leave to appeal.
If granted, the battle between the former head of state's family and the Zambian government will move to the supreme court.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Herald
13 hours ago
- The Herald
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
TimesLIVE
a day ago
- TimesLIVE
Lungu family approaches ConCourt in bid for private burial in SA
The family of former Zambian president Edgar Lungu has filed an application to be allowed to make a direct appeal to the Constitutional Court to challenge the Pretoria high court judgment that ordered the repatriation of Lungu's corpse to his country for burial. 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.
Eyewitness News
a day ago
- Eyewitness News
Edgar Lungu family's application for leave to appeal ruling on his burial postponed
JOHANNESBURG - The leave to appeal application by the family of the late former Zambian president, Edgar Lungu, will no longer be heard on Friday in the Pretoria High Court. Lawyers for the family were set to argue for leave for the matter to be heard in the supreme court. They are challenging a high court judgment which ordered that the former Zambian president's remains be repatriated for burial in Lusaka. Lungu died in June in Johannesburg and the family wants him to be buried in the country to avoid the involvement of the current Zambian president, Hakainde Hichilema, who was his political rival. The courtroom that was packed last week with members and associates of the Lungu family and Zambian state representatives was relatively empty on Friday morning ahead of arguments for leave to appeal. The Lungu family has roped in senior advocate Tembeka Ngcukaitobi on its legal team in its bid for the matter to be heard in the supreme court. The family is challenging an order that former president Edgar Lungu's body be handed over to the Zambian state for repatriation. Ngcukaitobi briefly addressed the full bench, which was ready to hear the matter, saying the parties would like to have some time to discuss the matter out of court. It was agreed that the matter would return to court on Monday.
