Lungu family Constitutional Court appeal doesn’t stop High Court’s order – Simuuwe
THE application by the family of late former president Edgar Lungu to the Constitutional Court of South Africa has not yet set aside the Pretoria High Court ruling on Lungu’s burial and repatriation, UPND media director Mark Simuuwe has clarified.
Simuuwe said the court filing was merely an application seeking to cancel the High Court’s decision that allowed Lungu’s remains to be repatriated to Zambia.
He explained that such an application is not in itself a decision of the court and can either be dismissed outright, entertained or heard inter partes (between both parties).
“This is just an application and filing in alone does not set aside the judgement of the High Court aside; in other words, it is a “desire”, of the applicant, unless the court makes a pronouncement in the affirmative or in favour of the desire of the applicants (ECL family),” said Simuuwe.
He stated that until the Constitutional Court rules otherwise, the High Court judgment remains binding.
The Lungu family yesterday lodged the urgent application, arguing against the order for the former president’s body’s repatriation, but the matter is yet to be heard.
By Catherine Pule
Kalemba, August 16, 2025
There goes the kindergarten lawyer. He dropped out of his LLB and MA at UNZA. Who can he advise?
Yes,the matter is as was in the High court.e.i Nothing has changed
Firstly, the Constitutional Court cannot Stay the JUDGMENT of the High Court, and secondly the Constitutional Court will have to hear both parties before delivering a RULING. So, the matter is still very much before the High Court for a RULING or ORDER on the application for leave to appeal.
Yes, maybe their ultimate strategy is to delay burial for as long as they can for suspetious reasons again
@chindababeleka
If an appeal at the constitutional Court doesn’t stay the Judgement of the High Court, then Let us see the State bringing the remains… What is stopping them?
Dr Mulenga Kaoma Sir…. He is advising his boss Hallucinating Headman who only wants to hear what his itching ears want to hear. This is 5 years of pure circus, Zambians deserve better guys.