M’MEMBE QUESTIONS PRETORIA COURT RULING ON LUNGU BURIAL
…says law cited does not exist in Zambia
Lusaka… Saturday August 9, 2025 – Socialist Party (SP) President Dr Fred M’membe has emphasised that the Pretoria High Court used a law that does not exist in Zambia in its judgment in the repartition of the remains of former President Edgar Chagwa Lungu.
Dr. M’membe contends that the Zambian law does not provide for a state funeral but that it is the prerogative of the sitting President to honor such a State Funeral.
Dr. M’membe says the Lungu family has done well to appeal against that judgement though it comes with greater pain.
He indicates that the late President died almost 60 days ago and still lying in a mortuary without being buried.
The SP leader also said the Lungu family were in order to react in the manner they did after the Pretoria High Court delivered the judgement.
He said this when he featured on SABC’s Channel Africa on African World Hour in conversation with Tšepiso Makwetla.
“Well, I can not speak for her (Lungu sister) but when a person is in pain, so many things are said. In the Zambian tradition, they say when someone is mourning they have the liberty to say what they say and you don’t hold it against them. So when one is mourning they can say whatever they can say. It is a painful period for the Lungu family. Imagine their relative, husband, father or brother has been in the fridge for almost 60 days,” he said.
“They need to bring a closure to this, loosing a dear one; a father, brother, uncle or a close family relative is a very painful thing and delaying burying is another pain. And the court ruling leaves many questions that deserve honest answers. I think the family has decided to appeal against that judgment and I think rightly so. That judgment has not put a closure to everything.”
Dr. M’membe further said the Lungu family is the most affected, burdened and they feel the loss.
“It is shocking to some of us who are lawyers in Zambia, the law that the Pretoria High Court was depending on does not exist in Zambia. There is no law in Zambia that the Pretoria High Court was depending on. The judgment leaves many questions than answers. The family has done well to appeal the judgment though it comes at a greater pain for the family,” he added.
He further emphasized that the government can only declare a state funeral but it is not backed up by law.
Precedence is law
@Tore….. Mmembe is getting more embarrassed EAVH PASSING DAY. Kalaba knows that the LUNGU family are WRONG and he is quiet….!!
Mmembe kissed the DUST when he went to burry his “Friend” as he fondly put it.
Zambian opposition are in for a shit. It will be rough and tough!!!
Sometimes THE VERY LAW WHICH PF were enacting are the same hanging them. They said KK family can stay away!!!
I’m told the man has a law degree, but what kind of lawyer does not know that precedence becomes law? Why does he think previous similar cases are cited in court when arguing a new one? And again, is he not the one who was asking the government to respect the court ruling, yet he does not want to accept it? What kind of double standards are those?
Cornelius Mwitwa not so long ago revealed that Fred Membe was a very dull law student at UNZA.That instead of writing tort law he was writing answers from civics and RE.Now he is shameless showing his dullness on South African tv
This is where genuine people should see that these people are selfish and don’t mean well for the country, and they can do anything, even if it hurts the country, as long as it benefits them personally. If they are wise, they should have now advised the family to move own since an independent court has ruled and it is good the case was judged in South Africa, had it been in Zambia, these people including the historian would have written volumes of books accusing the judiciary of being controlled by president HH but now they ashamed of themselves.
Bitterness, jealous and hatrages towards HH from the kingdom of the evils/Lucifer’s
These are the people who are cheating that family into believing that they have full responsibility over the late former President ‘s body and funeral.ECL himself when he was President stopped the Kaunda family from burrying Dr Kaunda first President near his late wife’s grave but instead directed that he must be buried at the Presidential burial site which is Embassy Park.The Kaunda family took the matter to the High Court for their desire but they couldn’t get the relief, the High Court ruled in favour of the Zambian people.And that family understood that though in difficult circumstances and never appealed to the Supreme Court.Fred never supported the Kaundas.All these lawyers who are championing the support for the Lungu family were too quiet.They got scared of Mr Lungu or they thought the Kaundas were not right is a question to ask the likes of Fred.Why was the Embassy Park grave site created? Why did the Mwanawasa family fail to bury President Levy Patrick at Teka which was his will and with evidence and not mare desire by family? How about the Presidential benefits and emoluments Act of Zambia what does it say? How about the Kaweche case what was the main point in the judgement? How about South Africa on burial of Presidents or State funerals?Fred is just trying to show his political relevance as he is a Presidential hopeful without support from his fellows.
Advise us rightly bwana m’membe, you are a leader and speak like one. Either there is a law or not lungu was a king, a president to cry it louder, and he deserve to be buried in his own land and not foreign land. Advise the family. today HH is in power tomorrow it will be you in power, would you like this to happen to you?? We differ in many ways but what is needed is reconciliation. And you need to help put these two parties together then we will see you as a real and genuine leader.
Court decisions are part of law. The Kaunda family went to court to stop the Zambian state burying Ken Kaunda at Embassy Park. Edgar Lungu was head of state. The High Court ruled against the Kaunda family. That court decision is now part of Zambian laws. Fred M’membe’s dishonest is clear here.
Very correct. The South African High Court set a precedent with that JUDGMENT. Judicial precedents are part of law. It is also safe to say that there are little or no prospects of the appeal succeeding.
So-called Lawyers in Zambia are baffling. Do you need a law for this bwana lawyer Mmembe?
Fred Mmembe is a very strange man. Despite of his education he still remains an idiot. His hatred and jealous for HH will one day kill him. That’s why his wife had a problem to support his political path. The Man is dangerous and shouldn’t be allowed near state house.
Thank my leader for those wise words. Fred is not but just someone taking chances with his socialism Ideologies which cant work in Zambia