Kabesha : There is No Appeal Yet But a “Leave to Appeal”
Attorney General Mulilo Kabesha says the family of late President Edgar Lungu has not yet filed an official appeal in the South African courts over the repatriation of his remains.
Mr. Kabesha has clarified that the former President’s family has only submitted an online application for “Leave to Appeal”.
He says the documents were filed electronically on Friday, August 8th, around 16:00 hours.
This follows the ruling by the Pretoria High Court, which ordered the repatriation of President Lungu’s remains to Zambia for burial at Embassy Park.
Delivering the judgment on behalf of a three-judge panel, Acting Judge President Aubrey Ledwaba further directed that the former President be accorded a State Funeral in accordance with Zambian law.
Mr. KABESHA, who was speaking during ZNBC’s TV1 Sunday Interview, said the court is expected to make a decision on Monday August 11, 2025 on whether the family will be granted permission to appeal.
#EdgarLungu
Ba Emmanuel “Demagogue” Mwamba no bufi. Here is a legal Professional teaching you how the law works.
Ba Smart Alec always seeking to put your own narrative of striaght forward issues.
I told you that Emmanuel Mwamba’s AI aided analyses confuses him.In his haste to be the first to break the news,he often picks up either half facts or utter garbage
Well done Attorney General, Mulilo Kabesha for clarifying the legal position.
There’s no appeal yet, but leave to Appeal..The effect of both is the same.
Attorney General Kabesha, why hasn’t the Sheriff of the Court not followed through the Order so that the remains you have been craving for can be in some one’s evil pocket….
Why hasn’t the ” Akatumbi kaleisa” evil Dignity process began?
The reason why things have stood still after judgement is because of the Notice to Appeal.. which as Ambassador Emmanuel Mwamba, and other South African Legal experts say acts as a stay.
Yes the Court will meet today which is just procedural. There’s no way an appeal can be rejected…It’s a judicial process for any aggrieved party Who feels Justice wasn’t done , and the Lungu family can even go to the Constructional Court if the appeal fails in the Supreme court.
So Attorney General Kabesha, what you are saying is just noise… empty noise.
You are the ones who started the Legal Process, by taking the Widow and family to Court. It is shameful that you are blaming the family for appealing.
The best ba Kabesha you should have done was to withdraw the case and dialogue with family on how best to salvage that 14th June, 2025 so called agreement.. but you proceeded with the case, and now you have to deal with the Appeal all the way to the Constitutional Court.. because the Court Orders have completely removed the family from any role in the funeral of the late President..No Private Chartered Plane to repatriate the Remains, no lying in repose at Family Home. The family has been reduced to spectators.
Typo – ” Constitutional Court”
Application to appeal is not the same as effective appeal,iwe.Consent to begin appealing must be or not granted first
@MuZambian
In all judgements the courts even indicate that the aggrieved can appeal in 14 days ..
So We Muzambian an Appeal is an entitlement under the Judicial Process. Whether the appeal will succeed or not is not the concern of the Court which ruled on the case.
Saying that consent might not be given is wishful thinking.
We MuZambian naiwe, am saying that it’s just procedural. It’s very rare that a Court can Stop an aggrieved party from appealing..It doesn’t happen my friend. That’s the judicial process in all democracies.
Even a Convicted Hard Core Murderer can be allowed to Appeal.
Cite a Case in Zambia where someone convicted in a subordinate Court has been refused Judicial Process under the Law.
Yes we have been accustomed to applications for Bail pending appeal being refused under this government, but that’s a completely different thing.
And just like night follows day, the Appeal by the Lungu family will be done..
Iwe, Hundred Fimo Fimo
Even logically,think deeply why it is prescribed to “Apply”for anything.Applicatopms means asking where there is an option to either grant or deny
Attorney General, Mulilo Kabesha SC, is right. Leave to appeal is what it is, seeking permission appeal. The Lungu family has inalienable right to appeal. You need to have legal training to understand.
@chindababeleka
I do understand what you are saying. My argument is that it’s procedural.. Leave to Appeal ->Appeal
My point is that it’s rare that Consent to Appeal is refused…As you say it is an inalienable right.
The impression Attorney General Kabesha is creating is that the south African Court might not grant the permission to appeal… What am saying is that this is wishful thinking.
The Permission to appeal will be granted.
Whether this permission to appeal and the Appeal itself constitute a stay of execution of Court Orders, or a separate application for a stay should be lodged in is what should be discussed.
According to Ambassador Emmanuel Mwamba and other South African Lawyers who have weighed in on this debate , they are saying that according to the South African Law, an Appeal stays the execution of the Orders. We will see if indeed this is the case during the course of the day. Thank you.
Hundred Fimo. Fimo
The question here is wether government has taken the right to hold ECL’s corpse,which as things are at only application for leave,the government can lawfully move the body from the morgue
Correct.
Its rather presumptous. And youre pulling at strings. The AG has set the record striaght you and Emmanuel Mwamba want to perpetuate a narrative that is not only divisive but misleading and this isnt the first time.
Lungu’s family never loved him
Why making him undergo all these proceedings for their own greed and senseless behaviour. They call themselves educated when they donot understand the Zambian laws. Why did they not object when he was alive and ruling Zambians? Now they know he is not coming back thus the subjecting to ill treatment in death. Shame upon you Esther lungu and family