Lungu Family Wins Leave to Appeal Repatriation and Burial Order

Key Takeaways

• The Supreme Court of Appeal (SCA) has granted the family of former Zambian president Edgar Lungu leave to appeal a high court judgement regarding the repatriation of his body to Zambia for burial.
• Lungu’s family wants him to be buried in South Africa, citing it as his last wish, while the Zambian government maintains he should be given a state funeral and buried at a designated site in Lusaka.
• The family argues that the Zambian government neglected Lungu after his removal from office and should not be allowed to decide on his burial arrangements.
• The Pretoria high court previously ordered the family to surrender Lungu’s body to the Zambian authorities, but the SCA’s decision to grant leave to appeal has put the repatriation on hold.
• The date for the SCA hearing has not yet been set.

Introduction to the Case
The Supreme Court of Appeal (SCA) has made a significant decision in the ongoing dispute over the burial arrangements of former Zambian president Edgar Lungu. Lungu passed away on June 5 after suffering cardiac complications from a surgery at Mediclinic Medforum Hospital in Pretoria. The family of the late president had initially planned to bury him in Johannesburg, but the Zambian government intervened, seeking to repatriate his body to Zambia for a state funeral. The high court initially granted the Zambian government’s request, ordering the family to surrender Lungu’s body to the authorities. However, the SCA’s decision to grant the family leave to appeal has thrown the repatriation plans into uncertainty.

The Family’s Argument
The family of Edgar Lungu has argued that the Zambian government neglected him after his removal from office and should not be allowed to decide on his burial arrangements. In their appeal, they stated that the Zambian administration showed no interest in Lungu’s well-being while he was alive and should not be permitted to pretend to be interested in his welfare at death. The family maintains that Lungu’s last wish was to be buried in South Africa, and they are determined to respect his wishes. This argument is at the heart of the dispute, with the family seeking to prioritize Lungu’s personal desires over the Zambian government’s desire to give him a state funeral.

The Zambian Government’s Position
The Zambian government, on the other hand, maintains that Lungu should be given a state funeral and buried at a designated site in the capital Lusaka. They argue that as a former head of state, Lungu is entitled to a dignified and respectful burial, and that the Zambian people have a right to pay their respects to him. The government’s position is driven by a desire to honor Lungu’s memory and to provide a sense of closure for the nation. However, the family’s arguments about Lungu’s last wishes and the government’s alleged neglect of him have complicated the situation, leading to the ongoing legal dispute.

The Legal Dispute
The legal dispute over Lungu’s burial arrangements has been ongoing for several months. In August, the Pretoria high court ruled in favor of the Zambian government, ordering the family to surrender Lungu’s body to the authorities. However, the family appealed this decision, and the SCA has now granted them leave to appeal. The SCA’s decision is a significant setback for the Zambian government, which had hoped to repatriate Lungu’s body and give him a state funeral. The date for the SCA hearing has not yet been set, but the decision is expected to have significant implications for the burial arrangements of former heads of state in the future.

Conclusion
The dispute over Edgar Lungu’s burial arrangements has highlighted the complex and often sensitive nature of funeral arrangements for former heads of state. The case has pitted the wishes of the family against the desires of the Zambian government, leading to a protracted and emotional legal dispute. The SCA’s decision to grant the family leave to appeal has added a new layer of complexity to the case, and it remains to be seen how the situation will be resolved. Ultimately, the decision will depend on the SCA’s interpretation of the law and the competing interests of the family and the Zambian government. As the case continues to unfold, it is clear that the burial arrangements of former heads of state can be a deeply contested and emotive issue, requiring careful consideration and sensitivity.