Former Zambian President Edgar Lungu: Image: Edgar Chagwa Lungu shared via X.
(The Post News)– The Gauteng High Court in Pretoria has on Tuesday dismissed with costs the Edgar Lungu family’s bid for leave to appeal to the Supreme Court of Appeal the High Court judgment that ruled that the Zambian government is entitled to repatriate his body for a state funeral and burial.
The Lungu family turned to the High Court, arguing that this battle over the remains of the former president raised significant questions of law that needed to be resolved by the appellate court. In its judgment the High Court disagreed, finding that there were no reasonable prospects of success and that there are no compelling reasons that exist because the matter is so fact-specific that there is very little to no prospect that the same set of facts will confront a court again.
Court Highlighted that Lungu was in SA for Medical Reasons
As for the application of Zambian law, the court considered that the deceased was on a temporary visit to the Republic for medical reasons. The main parties to the dispute are peregrine. The Kaunda decision is a leading case in Zambia dealing with state burials.
According to the court, the argument that Lungu was stripped of his benefits is of no moment. Lungu 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.
The court mentioned that conflicts and disagreements about burial rights were a common feature in most courts. Some disputes regarding burial rights were settled after parties 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.
Furthermore, for a foreign state to assert a right to a burial under its own laws, not South African law, there are compelling reasons for the Supreme Court of Appeal to pronounce on it. “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 prospect that the same set of facts will confront a court again. There is no reason why costs should not follow the result.
However, Lungu’s family still has the option to petition the SCA, and if unsuccessful, they can take the matter to the Constitutional Court. Failure to exercise these options means that the full bench judgment still stands and the Zambian government can begin the repatriation process.
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