Lungu family has asked  Court  not to allow the Zambian Govt to remove South Africa’s Minister from the burial court case

THE Lungu family has asked the High Court in South Africa not to allow the Zambian Government to remove South Africa’s Minister of International Relations and Cooperation Ronald Ramola from the burial court case..

Zambia’s Attorney General Mulilo Kabesha added Mr Ramola as the nineth respondent in a case in which he has sued the Lungu family.

In this lawsuit, Mr Kabesha has applied that late former President Edgar Lungu’s remains be repatriated back to Zambia for burial in line with established protocols.

Those sued as respondents in this case are former First Lady Esther Lungu, six of her of family members, family spokesperson Makebi Zulu, including Two Mountains, the mortuary keeping the remains of Mr Lungu who died on June 5, while in South Africa.

However, Mr Kabesha later added Mr Ramola as nineth respondent in the matter, but later amended the court documents and applied that the minister be removed from the case.

But the Lungu family has asked the court not to allow the removal of Mr Ramola to the case.

Ms Lungu and others have argued that Mr Ramola should be maintained so that he gives the South African Government’s stance on who should be in charge of a dead person’s body.

She submits that Mr Ramola is a necessary and material party to the proceedings.

“The relief sought by the Applicant, which implicates foreign relations, international protocol and procedure is of paramount importance to the Government of South Africa.

“It is imperative that the court be favoured with the Government of South Africa’s stance on the matter,” Ms Lungu submits.

She adds that the manner in which Mr Kabesha wants to have Mr Ramola removed from the case is wrong.

“The Applicant (Mr Kabesha) has attempted to irregularly remove this party from the application.

“The correct process was not followed, and the Ninth Respondent remains a party to these proceedings. If not, the application is fatally defective,” the document reads.

And on the issue of jurisdiction, Ms Lungu submits that the South African law should apply and guide who takes control of a dead person’s body in their country.

She said Mr Kabesha has failed to show any clear right as to whether the Zambian Government has, by law, control over the remains of her husband.

“There can be no issue regarding which law to apply, the Constitution is clear on this point.

“The South African law applies as the RSA retains territorial jurisdiction over all matter occurring within its borders, including the custody and disposition of human remains.

“In terms thereof the next of kin of a deceased person retains the right to decide where to bury the remains of a deceased,” the widow submits.

She adds that the the interest and wishes of the Applicant do not override the legal rights of the next of kin in Republic of South Africa(RSA).

“Absent of any treaty or specific legal agreement between RSA and the Republic of Zambia on this matter, diplomatic requests remain non-binding.

“I am also advised that reference to the via media approach being applicable in the current matter is misguided and ill-informed. The fact is that there is no conflict of law,” Ms Lungu submits.

“There is no law in Zambia that states that the wishes of the next of kin can be ignored and overruled by the Applicant. Secondly, even if there was such a rule, there are no connecting factors present that would support such an interpretation,” she says.

Ms Lungu adds that the late President Lungu, was reluctant to returning to Zambia, and the human rights treasured in the Constitution takes precedence over any approach that is not Constitutional.

” The Constitution, specifically the Bill of Rights, is supreme, and all actions by the state and its organs must be consistent with its provisions. Any attempt to justify actions that violate and invalid. Further legal argument shall be made on this point.

(Mwebantu, Monday, 14th July, 2025)