Government Has no Right to the Remains of ECL-Family
….The Family stated that the efforts by the Attorney General to assert authority over the late President Lungu’s remains, were not only legally unfounded, but also morally and diplomatically inappropriate….
Lawyers for the family of the late former President, Edgar Chagwa Lungu have submitted to the Gauteng High Court,.Pretoria Division that the Zambian Government has no authority or right to the remains of the late President as demanded by the Attorney General.
The lawyers were responding to the submission by Zambia’s Attorney General, Mulilo Kabesha who asserted that the State was entitled to repatriate the body of the late
President Lungu for purposes of holding a state funeral and burial at Embassy Park in Lusaka, Zambia.
Kabesha also claimed that the Zambian law dictated that the State of Zambia was to decide the
manner and place of burial of a previous Zambian Head of State.
But the lawyers for the family dismissed the assertions and stated that the argument presented and advanced by the Attorney General
attempted to illustrate that the Benefits of Former Presidents Act,
1993 [chapter 15 of the Laws of Zambia], gives the necessary right
to the Attorney General to decide this issue.
This was also purportedly in
accordance with the traditions and customs of the State.
But the family has rejected this and stated that the Zambian Government had no locus standi or enforceable right in South African law to compel the repatriation of the remains of the late President Lungu.
The lawyers submitted that the application was therefore legally unsustainable, factually flawed and impermissible in the context of the South African
Constitution, 108 of 1996.
The family stated that the relief sought by the Attorney General undermined the
constitutional and common law rights of the family, including
the right to dignity, family life, and cultural practices.
They stated that the application made by the Attorney General sought to invoke purported Zambian protocol
and customs which had no extra-territorial effect and were not enforceable within the Republic of Sputh Africa.
The family argued that even if there was such a Zambian law, it would still not be enforceable in South Africa.
They stated that the late President Lungu’s benefits as a former Head of State were revoked prior to his passing, rendering him a private citizen at the time of his death.
During the period his benefits were revoked, he was compelled to seek financial support from family and friends and was forced to leave
Zambia to receive medical treatment in South Africa, fearing politically motivated medical negligence in his home country.
Tje family stated that the revocation of these benefits was a deliberate act by the Zambian government aimed at weakening the late President
Lungu, ultimately contributing to his deteriorating health and untimely passing;
The Family also stated that the South African Government has since formally confirmed
that it respects the family’s decision to inter the late President in South Africa, and would not oppose the burial in South Africa.
A copy of this communication was submitted as part of the annex to the Opposing
Affidavit as Annexure “EL15”15.
They stated that the efforts by the Attorney General to assert authority over the late President Lungu’s remains were therefore not only legally unfounded, but also morally and diplomatically inappropriate.
The family stated that they were entilted to the remains not only as surviving next-of-kin, but as the only parties aligned with the wishes of the late President Lungu.
They stated that the opposition to the repatriation application was therefore rooted in
South African legal principles, the late President Lungu’s human rights, and the constitutional values of dignity, autonomy, and respect for the
family’s cultural and personal choices.
Depending on the level of your thought and thinking. If you kill your child, will you stop the government from taking over the case? Will you stop the government from arresting and prosecuting just by claiming relationship a parent? And do you understand the complications that surround, people that have held high public offices and had taken oarths?
Depending on the level of your thought and thinking. If you kill your child, will you stop the government from taking over the case? Will you stop the government from arresting and prosecuting you just by claiming relationship as a parent? And do you understand the complications that surround people that have ever held high public offices and had taken oarths?
Whatever the case or situation, the Lungu issue is just making many Zambians to think more about how Lungu lived and his character evèn in ďeath.
We are fatigue- it is just to much of this issue. He can be buried even in South Africa if that was his wish and cemented by his wife, chidren and Makebi Zulu the CHief mourner mde ECL lawyer spokesman.
But what is surprising me, is how the PF who handled the death of our Respected first President of the Republic of Zambia, late former President Dr. Kenneth David Buchizya Kaunda KK could easily change on Lungu. However, the cases that this so called Lungu family but known to it his children and wife should continue because they did it to Zambians and it is seperate from the evil they did to HH. Dispite them twisting the story making the innocent HH to lool like he is bad when Lungu and PF were very evil and still bad people up to now
SO they ( so called Lungu family members ) have to be brought to book – before the Courts of law and face the Zambians until they are proved and found quilty and prosecuted or found innocent and relieved. Only two ways to it. What they stole – the wealthy anď properties they have amassed worldwide including in South Africa to be grabbed from them so that they know, that it is wŕong to do wrong when you are preveraged. No compromise or negotiations to it or bout it. Period.
Bury him in South Africa and see how the same South Africans will desecrate his grave.
South Africans have their own issues over land and have made their position very clear if you insist on burying him there.
Shortly we may see you opt to take the body to Zimbabwe. And Munangagwa is heading to the ballot shortly. What will happen IF he loses the elections?
You can disown Zambia but the Zambian in you will bring you back here to face the laws you are running away from.
The ruling cum judgement is coming on 4 August 2025 and all parties will move on thereafter. Twanaka, let them bury him wherever they wish, its after all their loss, Zambians have already moved on.
Indeed we have moved on. We have more important things to spend our emotional energy on.
If the Lungu family refuses to cooperate, the government has no right to force the matter. Let Edgar Lungu be buried where the family wants.