ESTHER LUNGU HOLDS THE LEGAL RIGHT TO DETERMINE HER HUSBAND’S BURIAL – ECL FAMILY LAWYER
By: Thomas Afroman Mwale
The Pretoria High Court in South Africa has adjourned proceedings and reserved judgment in the appeal concerning the burial of Sixth Republican President Edgar Lungu.
Acting Judge President Aubrey Ledwaba announced the decision to reserve the ruling, following submissions from both parties.
Representing the Lungu family, Advocate Tembeka Ngcukaitobi argued that former First Lady Esther Lungu, as the spouse of the deceased, holds the legal right to determine her husband’s burial arrangements.
He revealed that the family is currently in South Africa seeking privacy, dignity, and integrity in handling the burial of the late leader.
Advocate Ngcukaitobi further contended that the inclusion of case law relating to the late Dr. Kenneth Kaunda in the previous judgment was inappropriate. He explained that Dr. Kaunda passed away with his presidential benefits intact, whereas Mr. Lungu died having been stripped of those privileges benefits which, he emphasized, cannot be reinstated posthumously.
He also questioned why the earlier judgment appeared to favor foreign law, arguing that the South African constitution provides protections for foreigners and that Zambian law cannot exert authority over an individual who died on South African soil.
Meanwhile, the lawyer representing the Zambian government maintained that the initial ruling ordering repatriation should stand.
He submitted that the family’s appeal lacks merit and ought to be dismissed, asserting that Zambian law is most applicable in this matter, given that both parties involved are Zambian nationals.
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