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Top court hurls out ex-Zambian president Edgar Lungu family’s burial case appeal

By Mbalenhle Zuma
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Court rules Lungu's remains must return to Zambia
Former Zambian president Edgar Lungu passed away on June 5 at the age of 68. / AFP
South Africa’s highest court has thrown out an urgent bid by the family of former Zambian president Edgar Lungu to fast-track their legal battle over burial rights and international wrangling.
In a blow to the high-profile family, the Constitutional Court dismissed their application for a direct appeal, saying they failed to prove why their case should jump lower courts.
Former first lady Esther Lungu, her daughters Tasila and Bertha, and other family members, including Makebi Zulu and Charles Phiri, brought the matter.
The Zambian government, a local burial company (Two Mountains Burial Services), and South Africa’s Minister of International Relations were the targets of their challenge.
Leave to appeal refused
The Lungu family wanted the Constitutional Court to take up the case immediately, likely hoping to speed up a dispute linked to funeral arrangements and diplomatic complications.
But the apex court was not convinced.
In a ruling signed by Acting Registrar Dunisani Mathiba, the justices declared: “The Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused.”

Zulu, the spokesperson for the family, told Newzroom Afrika earlier in August that the 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 segment of the public was the court addressing when it considered the Zambian public interest?

Also Read: Edgar Lungu’s family appeals judgment: ‘We won’t allow mockery of funeral

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  • South Africa’s highest court has thrown out an urgent bid by the family of former Zambian president Edgar Lungu to fast-track their legal battle over burial rights and international wrangling.
  • In a blow to the high-profile family, the Constitutional Court dismissed their application for a direct appeal, saying they failed to prove why their case should jump lower courts.
  • Former first lady Esther Lungu, her daughters Tasila and Bertha, and other family members, including Makebi Zulu and Charles Phiri, brought the matter.
  • The Zambian government, a local burial company (Two Mountains Burial Services), and South Africa’s Minister of International Relations were the targets of their challenge.
  • Leave to appeal refused The Lungu family wanted the Constitutional Court to take up the case immediately, likely hoping to speed up a dispute linked to funeral arrangements and diplomatic complications.