The Pretoria High Court has dismissed the Lungu family’s final attempt to prevent the repatriation of former Zambian president Edgar Lungu’s remains to his homeland for a state funeral.
Months of courtroom battles and emotional pleas have finally come to an end. However, this is contingent upon the Lungu family not appealing the Pretoria High Court’s latest judgment.
The ruling, handed down on Tuesday, paves the way for the Zambian government to bring Lungu’s body home and honour him with full state rituals, despite fierce opposition from his widow, Esther, and other family members.
In its judgment, a full bench of the court said the application lacked prospects for success.
“The application for leave to appeal is dismissed with costs on the basis that it has no reasonable prospects of success and there are no other compelling reasons for the appeal to be heard by the Supreme Court of Appeal,” reads the judgment.
The order further directed that Zambia is entitled to repatriate the late leader’s remains immediately, putting an end to the three-month stalemate that kept his body in a Johannesburg mortuary.
Personal wishes
Lungu, who passed away on June 5 at the age of 68, sparked a fierce debate.
His family argued for a private burial in South Africa, citing his personal wishes and his fractured relationship with current president Hakainde Hichilema.
But the Zambian state countered that, as a former head of state, his burial was a matter of sovereignty and dignity.
Judge Aubrey Ledwaba, in an earlier ruling referenced in Tuesday’s papers, said: “The status of a former president transcends family preferences. The public interest is paramount.”
The court underscored three principles behind its dismissal. “A former president’s funeral is a matter of public interest and national duty, not merely a private family matter.
“There is no legal precedent or merit that would justify overturning the original order. African Union practice dictates that heads of state are laid to rest in their homeland unless conflict or instability prevents it. Zambia is not in such a position,” read the papers.
Financial setback
The family was also ordered to pay costs, a financial setback compounding their grief.
Hichilema’s government frames the court victory as a matter of national dignity.
After exhausting all legal avenues, the government is now preparing for Lungu’s state funeral in Lusaka. The government has promised a dignified ceremony to allow citizens to say their goodbyes.
For the Lungu family, the ruling represents a painful defeat. The court has overruled their plea to honour what they believe to be Edgar’s final wishes.
