Lungu family dealt another blow as High Court upholds ruling on late president&#x2019s remains

Former Zambian president Edgar Lungu died on 5 June while receiving treatment in South Africa.

Gallo Images/Sharon Seretlo

The Gauteng High Court in Pretoria dismissed Edgar Lungu’s family’s appeal,upholding its order to repatriate his remains to Zambia for a state funeral.The court ruled that no legal grounds existed to overturn Zambia’s burial request.The family’s leave to appeal was denied with costs,with judges citing Lungu’s status as a former president with burial rights.The Gauteng High Court in Pretoria has dismissed an application by former Zambian president Edgar Lungu’s family to overturn its previous ruling,which ordered his remains to be repatriated for a state funeral in Zambia.

The judgment,delivered on Tuesday by Acting Judge President Aubrey Phago Ledwaba,alongside Acting Deputy Judge Presidents Thifhelimbilu Phanuel Mudau and Sulet Potterill,upheld Zambia’s request to repatriate the late president’s remains.

This means that Lungu’s mortal remains should be handed over to the Zambian government to prepare for a state funeral.

In June,a dispute arose when the Zambian government filed court papers to halt Lungu’s funeral and burial in South Africa,seeking to repatriate his remains for a state funeral. While the High Court granted Zambia’s request,Lungu’s family escalated the case to the Constitutional Court.

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The apex court declined their direct appeal,prompting discussions between the government and the family.

The family then returned to the Pretoria court seeking to appeal its earlier decision and wanted the matter to be referred to the Supreme Court of Appeal for consideration.

READ | Battle over Lungu’s burial: Family wants High Court to refer case to SCA

Recently,News24 reported that the two parties had begun discussions to resolve the disagreement over his final resting place.

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Lungu died on 5 June while receiving treatment at a South African medical facility.

According to the order,the court was satisfied that,on the merits,there were no reasonable prospects of success.

Ledwaba said that,in applying Zambian law,the court considered that Lungu was on a temporary visit to South Africa for medical reasons.

Ledwaba added:

The argument that the deceased was stripped of his benefits is of no moment. He remains a former state president with attendant burial benefits at state expense upon death. The allegation that the respondent failed to place expert evidence of Zambian law before this court is without merit,as the Attorney-General is an expert in Zambian law.

Furthermore,Ledwaba said conflicts and disagreements about burial rights were a common feature in South African courts.

“Some disputes regarding burial rights are settled after parties have reached agreements. This is common,although a corpse has no commercial value.

“The argument was that this matter raised unique constitutional issues and points of law as to whether the constitutional and common law rights of a spouse and children of the deceased who are his or her heirs,may be trumped by a state pertaining to the remains of the deceased.

READ | High Court halts Lungu’s funeral in SA after court challenge by Zambian government

“Furthermore,for a foreign state to assert a right of burial under its own laws,not South African law,are compelling reasons for the Supreme Court of Appeal to pronounce on.

“We are satisfied that no compelling reasons exist to grant leave to appeal simply because the matter is so fact-specific that there is very little to no prospects that the same set of facts will confront a court again.”

Concluding,Ledwaba said the application or leave to appeal was dismissed with costs,which included the employment of two counsels.