Supreme Court to Hear Appeal in Edgar Lungu Burial Dispute
The family of the late former Zambian president, Edgar Lungu, has been granted leave to appeal a High Court judgement concerning the repatriation of his body to Zambia for burial. The Supreme Court of Appeal (SCA) will now hear the case, setting the stage for a legal showdown over where the former president should be laid to rest.
Edgar Lungu passed away on June 5th in Pretoria, South Africa, after suffering cardiac complications following a surgical procedure at Mediclinic Medforum Hospital. His death ignited a dispute between his family and the Zambian government regarding his final resting place.
Lungu’s family wishes to bury him in South Africa, stating that it was his last wish. They had even arranged a private ceremony in Johannesburg, scheduled for June 25th, but the High Court intervened, halting the proceedings just hours before they were due to commence.
The Zambian government, on the other hand, insists that Lungu should be honoured with a state funeral and buried at a designated site in Lusaka, the nation's capital. This difference in opinion has led to a protracted legal battle, with the family determined to fulfil what they believe were Lungu's final desires.
In a previous attempt to appeal the High Court order, which was initially denied by the same court, Lungu's family argued that the Zambian government had neglected him after he left office. Their appeal documents stated: "At no time did the [Zambian] administration take any interest in late president Lungu’s well-being after his removal from office. He said his wishes were that in the event of his death, those who never showed any interest in his welfare while he was alive should not be allowed to pretend to be interested in his welfare at death."
This statement highlights the deep-seated feelings of abandonment and neglect that the family believes Lungu experienced. They argue that allowing the Zambian government to dictate his burial arrangements would be a betrayal of his wishes and a disservice to his memory.
In August, the Pretoria High Court ruled in favour of the Zambian government, stating that they were "entitled to repatriate the body of the late president" and ordering his family to "immediately surrender" it to the authorities. This decision was a significant blow to the family's efforts to keep Lungu's remains in South Africa.
The granting of leave to appeal by the SCA offers a glimmer of hope for the family. It provides them with another opportunity to present their case and argue for their right to honour Lungu's alleged final wishes.
The date for the SCA hearing has not yet been determined. The outcome of this appeal will have significant implications, not only for the Lungu family but also for the broader issue of individual rights versus national interests in matters of death and burial. The case is expected to draw considerable attention in both South Africa and Zambia, as it touches upon sensitive issues of family, politics, and the legacy of a former leader. The legal arguments presented before the SCA will undoubtedly be complex and closely scrutinised.
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