Contrary to Makebi Zulu’s claims yesterday to the effect that the Supreme Court of Appeal had issued orders to the governments of Zambia and South Africa to return ECL’s body to Two Mountains Morgue.
The correct position is that after the Supreme Court guided that the Lungu Appeal had lapsed, and the Government of Zambia moved to execute the 8th August 2025 High Court Judgement to repatriate ECL’s body to Zambia for burial, the Lungu family , instead of going to the Supreme Court of Appeal, RUSHED to the HIGH COURT and filed an EX-PARTE APPLICATION for certain reliefs.
Interestingly, the application has cited the South African Police Service(SAPS), The Commissioner of Police and The Minister of Police as 1st, 2nd and 2rd Respondents respectively, in addition to the respondents in the lapsed Appeal.
Why including SAPS in the application ? Well the reason is straightforward: SAPS is an interested party in the body as it instituted investigations into the actual cause of ECL’s death following poisoning allegations. Thus, after legally collecting the body from Two Mountains Morgue, SAPS took possession of the mortal remains to collect DNA and conduct thorough autopsy.
It’s in this application pending INTER-PARTE hearing where interim orders of relief have been granted.
It’s false and misrepresentation of facts to claim that the Supreme Courtof Appeal has made orders, including requesting GRZ and RSA to show cause why they should not be cited for Contempt of Court.
The Supreme Court of Appeal can’t talk about contempt after it informed Honey Attorneys that the Appeal before it had lapsed.
Source: Mark Simuuwe
What I know as reported by credible News Sources like the BBC is that the government of the Republic of Zambia without the Knowledge of the family removed the body of the Late President Edgar Lungu from the Funeral Parlour at night on Wednesday and took it to some unknown place to prepare for its repatriation to Zambia.
Meanwhile the family has applied in the High Court for the body to be taken back to the Funeral Parlour.
And as reported by BBC South African Correspondent Nomsa Maseko on News Day this morning , the Court has ruled ( Ex Parte ) that no one should touch the body , and Hearing has been set for 25th May, 2026.
The August 8th Judgement explicitly stated that the movement of the Body has to be done in the presence of the family physician and two Family members who have to accompany the body during the whole process.
If the Government of the Republic of Zambia is acting on the 13th August, 2025 , then it is clearly in breach of what the Judgement stated.
What the government of the Republic of Zambia did on Wednesday night was wrong.. Legally and morally wrong.
And as observed by the Court, there’s no urgency in this matter to warrant such outrageous actions by the government of the Republic of Zambia. We await the hearing on 25th May, 2026.
Forcing matters really is not the way to go. Now a Can of worms has been opened… Taking the body of a dead person from the mortuary at night without the Presence of Family members?? Takwaba. Ici chena Chafina. We don’t do this, especially in our African Culture. This is Taboo.