LAWYERS representing the family of late former President Edgar Lungu have asked the Gauteng High Court in South Africa to dismiss the case in which the Zambian government seeks to have him buried in Zambia.
The lawyers argued that it is evident the Zambia Government did not treat the late president well, citing instances where he was allegedly stopped from traveling, attending church, and jogging.
They further urged the court to award the family costs, including the cost of employing two counsel and money spent during the halted burial service.
“The reason being the very serious nature of the application, that the respondent [Lungu family] was forced to abandon a burial that was already planned, with money already spent.
It caused great embarrassment to the respondent and the family to have to cancel that burial on very, very short notice,” the lawyer submitted.
The attorney also argued that the founding affidavit does not support the relief being sought by the applicants.
“They are not seeking a declarator. In fact, it seems they are relying on an agreement. They are not pleading specific performance at all, nor are they seeking it in the notice of motion,” he said.
But the lawyer representing the government submitted that the late President was not an ordinary citizen and, as such, deserves to be buried in Zambia.
He argued that the respondent’s claim that the late president was merely an ordinary Zambian is “simply preposterous.”
The government’s lawyer said according to the Attorney General, the Benefits Act is clear, benefits are only suspended while a former president engages in active politics.
“Upon his death, that impediment, the reason for the suspension, falls away, and the benefits become payable. One of the benefits is funeral costs,” he said.
“The Attorney General says this is the correct interpretation of the Act.”
He added that the former First Lady is entitled to a house and a vehicle, and the children will receive benefits.
“On the family’s own version, there was an agreement. So they cannot now make submissions contrary to what is already on record,” he submitted.
The court, which acknowledged the agency of the case, adjourned the case to a date before Friday.
During proceedings, there were sympathisers from both parties in the case, who carried placards with solidarity messages.
“We stand with the Lungu family” one placard read.
(Mwebantu, Monday, 4th August, 2025)
Identification and authentication of the body is the key in all this. Once that is done the family can burry their Lungu anywhere they wish. The rumours of identity fraud and possibility of Lungu sipping some Jameson whisky is some mansion in Eswatini are rife. Nakachinda the ”chola” boy, put your binoculars to good use. Please join the identification and authentication team. Lubinda you are still asleep wake up.