South Africa’s Constitutional Court has dismissed an application by the family of former Zambian President Edgar Lungu to appeal directly against a Pretoria High Court order concerning the repatriation of his remains. The court’s decision means the Zambian government can proceed with plans to repatriate Lungu’s body and give him a state burial, despite his family’s opposition.
The Lungu family had sought to overturn the Pretoria High Court’s ruling, which allowed the Zambian government to repatriate Lungu’s body and give him a state funeral. However, the Constitutional Court ruled that the family did not meet the threshold for direct access, which is only permitted in cases of exceptional urgency or major constitutional importance.
“The Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused,” the court stated. The family’s lawyer, Makebi Zulu, said the family was “in prayer” and not participating in negotiations with the government.
The dispute highlights the strained relationship between Lungu’s family and the Zambian government, led by President Hakainde Hichilema. The government insists that Lungu should be buried at Embassy Park, the official presidential burial site in Lusaka, as a symbol of national unity and continuity. President Hichilema has reaffirmed this stance, describing it as both a legal requirement and a symbolic necessity.
The Lungu family now faces a lengthy legal process, as they will have to seek leave to appeal in the High Court and potentially escalate the matter to the Supreme Court of Appeal before returning to the Constitutional Court. The case underscores the complexities of cross-border legal disputes involving state interests and family rights.