The family of former Zambian president Edgar Lungu has filed an appeal following the ruling made by the Pretoria High Court on Friday over his burial.
Lungu family spokesperson Makebi Zulu told Newzroom Afrika that the Lungu family saw it wise to appeal the judgment for a number of reasons.
“We feel the court did not address the matter properly but decided to look at the narrow side of a purported agreement, which consisted of concessions by the government.
“In its ruling the court did mention that there was an agreement, and parties must respect their agreement,” said Zulu.
Concessions contradicted
He further stated that certain parts of the ruling contradicted the concessions made by the family.
The court issued an order to exclude the family from the process, instructing the sheriff to proceed to the undertaker.
“The undertaker would hand over the body to the Zambian government, and the family authorised to be present when it is being done gave power or the right to the government to repatriate the body.”
Zulu further stated that there were other factors, such as the right to dignity, saying the court did not address the question of the next of kin who is entitled to the body of the former president.
“We felt the court erred when they said public interest overrides that of the family. Which public was the court dealing with if the court was dealing with the Zambian public interest?”
Dignified send-off
Zulu stated that the court did not go further to explain the circumstances under which those grounds would be applicable.
“The point of the family is to provide the former president a dignified send-off. What is perceived as a dignified send-off by the family is not the government being in charge of the manner. The challenge will be determining how to lay Lungu to rest.
He said the family, not the government, should decide, and they will fight to protect their rights, stating that it is legally and morally wrong if the government takes over the remains of Lungu.
“There is no law in Zambia that confers a superior right over the body of a deceased person; notwithstanding, the position that they may have held does not count for anything.
“The family is willing to wait until he is given what is deemed a dignified burial not a mockery and not a judgment that takes away the rights of the family and the right to dignity, which has been violated.”
The remains of Lungu will not be moved from South Africa following the successful filing of an urgent appeal by his widow and family against a court order for repatriation.
