Amb. Emmanuel Mwamba writes:
ECL Body Cannot be Accessed or Moved Following Succesful Filing of Appeal
The South African jurisprudence, a Notice of Appeal filed successfully operates as a Stay, stays the Judgement and Orders of Court
Section 18 of the Superior Courts Act provides that an application for leave to appeal or the appeal itself suspends the operation and execution of a decision unless the court orders otherwise
South African courts operate within a hybrid legal system based on the English common law, Roman-Dutch and customary laws.
In South Africa, filing an appeal, operates as a suspension (stay) of the execution of a court order or judgment, but not always automatically.
The specific rules depend on the type of order and the court involved.
Automatic Stay (General Rule):
The common law principle in South Africa is that the execution of a judgment or order is automatically suspended upon the noting of an appeal. This means the winning party generally cannot enforce the order until the appeal is decided.
Exceptions to Automatic Stay:
There are exceptions. For example, in some instances, the court that made the original order can order that the execution of the order continue despite the appeal.
Section 18 of the Superior Courts Act:
This Act provides that an application for leave to appeal or the appeal itself suspends the operation and execution of a decision unless the court orders otherwise.
Irreparable Harm Test:
If the winning party seeks to enforce the order despite the appeal, they need to prove that they will suffer irreparable harm if the order isn’t enforced, and that the losing party won’t suffer irreparable harm if it is,
.Electronic Communications and Transactions Act
Questions;
Few Facts
● South African Court allows filing both physical and electron filing using the platform Court Online which allows e-filing. (Electronic Communications and Transactions Act (ECTA) of 2002. Remember the Attorney-General of the Republic of Zambia filed his court process on the night before burial?
● Is a Notice of Appeal a Stay- Unlike in Zambia, in South Africa, a mere Notice of Appeal, filed and noted, operates as a stay against Judgment and Orders of Court. This is based on Section 18 of the Superior Court Act of 2013 which deals with the suspension of judgments and orders pending an appeal.
Section 18(1) provides that “unless the court under exceptional circumstances orders otherwise, the operation and execution of a decision which is the subject of an application for leave to appeal or of an appeal, is suspended pending the decision of the application or appeal.”
South Africa’s jurisprudence,unlike Zambia operates on a Roman-Dutch, English Common Law and Customary laws.
● Will the Zambian Government Move the Body? Unlikely unless they wish to break the law in South Africa. The Sherif of Court would not sign enforcing orders after learning of appeal.
● Does the lawyers for the Applicants or Respondents need to physically serve the douments…not necessarily, e-copies suffice..in this case parties have been doing so already.
This goon should just come and face his several cases in court instead of acting as angel of doom while overstaying his visa in the states
This Demagogue is back and trying to mislead us. Are you a lawyer. What Law school did you go? Sometimes Mwamba and your alias need to learn to stop showing how ignorant you are.
We thought for a day you would shut up and give us a break…..
Even matters at ACC you are busy leaking. Those officers leaking information will be found out. At some point you will run out of people who supply information to you.
The document posted here has shows no mark of receipt by the appeal court. This the way these funny lawyers behave in Zambia. Just like the way they got excited posting on line and busy with propaganda. They should help the hired mourner to keep things cool and help her with finances to defend her defamation and discount cases. This case is over. You can’t win a court case on lies and emotions. They had nothing to offer for their doomed decisions and the lawyer had nothing to say apart from depending SA law. Permanent residency in SA is also not given one week unless they bribe their way through. However given the stakes in the case exposure that can back fire after sometime and lead to deportation. Moreover the court of appeal is in Bloemfontein. So the so called appeal is the PF propaganda. They also need to receive the full judgement documents and not just a summary.
In this age, electronic lodging of court documents is probably being done already in some jurisdictions.
It doesn’t happen in South Africa. Worse you can’t just appeal judgement before you get the full judgement to understand and ensure you understand the judgement. You can’t just say all of the Senior judges that heard the case errored. The same court that heard the case considers the leave application and decide whether to grant appeal or not based on it’s ruling and the full judgement. What was delivered was a summary of judgement and the full thinking behind the judgement. Mwamba is playing propaganda and trying to due some people who listen to him. He can’t be giving a legal opinion when he’s a fugitive from justice. The leave for appeal is likely to be considered some time next week. I can assure you by the time the decision is made, the body will be in Zambia.
Thank you for the clarification Ambassador Emmanuel Mwamba.
Always reliable.
The family has done well to appeal. Even a layman can see that the judges erred in their judgement, deliberately may be.
The Applicant’s arguments were based on the so called agreement… But the reliefs they sought in the application were completely something different. They drafted a new agreement which they took to court, and the Court strangely agreed to the new terms!
It’s like you agree to be supplied with Oranges, and you then take the other party to Court for default, and present the agreement as evidence , but instead of asking for specific performance on the agreed term, the supply of Oranges, you ask for Apples , and the Court Agrees! Where can this be done? Which COURT?
Dreamer! How can you rely on former ambassador Mwamba. Meaning there is something wrong with you.
I see costs befalling the Lungu camp very soon.Some gullibles are so mesmerized by Emmanuel Mwamba ‘s AI generated analyses which he hides behind until is own conclusions prove erroneous.He won’t feel any remorse.Just moves on to the next lie,and his miserable life rolls
What exactly do you want to tell us yama? ECL was the sixth President, Zambians want to open their chests they cry out to have a relief of pressure.We have mourned for too long.He was our President we need to put him to rest respectfully accordingly.Zambians want to give their last respect to the late President.It is our tradition.
Always kulusa ba pf kanshi mwaba Shani. Just accept and cooperate with govt to avoid confusions and inconveniences. Let’s start focusing on 2026.
Seems there is more to this “body” than meets the eye.
How can the family appeal and allow the “body” in mortuary this long? What are you, Lungu’s family really protecting even when you know you are fighting a losing battle?
How come the whole lot of you have no sense of shame, including the Lungu’s hired sister?
Some things can really be disgusting!
Note that government will not give up on this matter! Even if it drags through to 2026. The government is doing this on behalf of the Zambians (at least the majority)
Sad that the ending of this story will be shameful.
Such kind of issues keeps Muamba/Mwamba`s back side vibrating.He gets excited.The judgement will remain the same.You can take this case anywhere in the world the outcome will be the same
All supporting Upnd ,you are tribalists and you think Hakainde will rule forever.No , we are going to arrest him to for deviding zambia and stealing from zambia. He was involved in privatisation and he stole from there that time.If you a thief you always think others are stealing too.Thats Hakainde’s mentality.
Will make sure he dances. All most All ambassadors he has appointed are all from one region and when on the podium he mokes us by saying “One zambia,one nation.” Instead of saying one zambia ,one zambezi region. You cannot choose people to run government from one region.Ba upnd kuya bubble next year
Panyo pako should be arrested.You think 3 judges are idiots like you.HH is not going anywhere keep on dreaming.You stinking bums are full of hatred.It will never happen again pf is gone.Keep on crying Idiots.Tribalists like you from Congo can never divide Zambians.We know what’s good HH happened to be…
Below is the truth to the matter and not Mwamba’s fake story. They only appeared to the High Court for leave to appeal the judgement. The High Court has to review and accept or reject for them to proceed. There’s no injunction to stop the transfer the body to the government and its Friday. The morgue hasn’t received any order to hold with the transfer. The body could be in Zambia before Monday. And of course Ester besides her arrogance and stuboness, she’s very ignorant and illiterate just like the hired mourner from Luapula. When you look at the ages of the two you feel sad for the family over the stupidity of Ester! No wonder Makebi found fertile soil to feed her with the bullshit and charging her at the same time.
https://www.ewn.co.za/2025/08/08/edgar-lungus-family-files-papers-for-leave-to-appeal-high-court-judgement.
The Appeal can be admitted or rejected …
It looks clear that it will be rejected…
I wish the UPND kept Mwamba Ema as a diplomat. The guy is smart, no doubt about it. It’s only when you accept certain factual attributes of your competitor, will you be able to outshine them..
That aside, Ba Mwamba can you also speak on our behalf as farmers who’ve supplied maize to FRA. We’re told money is there, but rate at which payments are being made is extremely slow. Imagine some weeks paying banks go without paying a single farmer and when you contact FRA, they attribute delay to congestion and lengthy process.
I doubt President H H is aware of how FRA and ministry of finance are trying to strengthen economic fundamentals at the expense of a farmer who waits for 12months to receive her or his hard earned income. If this is one way of meeting IMF conditions, why not make other players such as civil servants go for months without pay so as to reduce on cash in circulation and maintain monetary policy as well?
So what do you want Mwamba to Do? Spreading falsehoods and propaganda is no being smart. Mwamba is a criminal and that’s why he rain away. As a supplier, you can make personal follow ups with FRA payments Officer, and escalate the matter along the chain upwards if you’re not satisfied with no progress with your payments. Mwamba will just continue lying and spreading, fake news and half truths which won’t help your cause. As a farmer producing food to feed the nation you part a business partner with the government.
We’ve tried that brother James. Maybe you can also add your voice in expediting what seem to be a straightforward issue have raised ie if you feel Mr. Mwamba Ema isn’t the right public figure to speak on behalf of the voiceless farmers..
Mwamba is a wrong chap to use.You are trusting a wrong person on such matters.Try another way by engaging the senior officers.
The appeal is not on whether the body to be buried in South Africa or Zambia but rather the prior arrangements reached by the government and Lungu family to be included in the judgement. While this is necessary for the family to exhaust all avenues, the earlier arrangements fell of after a despite was declared, hence the court action. The family may not get the relief they they have appealed for