“No costs given to the Government of Zambia; each party bears its own costs”-AG: Mulilo Kabesha

“No costs given to the Government of Zambia; each party bears its own costs.”-AG: Mulilo Kabesha

in coming to its decision. Neither party has suffered any prejudice and both applications are dismissed with no orders as to costs. Despite the lateness and the paucity of the reasons given for the condonation application for the late filing of the counter-application this Court considered the averred misrepresentations, but finds no substance in these allegations.

Costs

[30] The Court has a discretion when awarding costs and must exercise this discretion judicially. An order of costs must be made upon a consideration of the facts in this matter, and the decision thereon is made considering the fairness to both parties. In this matter it is only fair and just that no order as to costs should be made. The effect of this order is that each party is to pay its own costs.

Order

1. The intervention application is dismissed. No order as to costs.

2. The applications to strike-out are dismissed. No order as to costs.

3. The application for condonation and the counter-application are dismissed. No order as to costs.

4. It is ordered that the applicant is entitled to repatriate the body of the Late President Edgar Lungu (“the late President Lungu”) for a state funeral and burial thereafter in Embassy Park, Lusaka, Republic of Zambia

5. The Eighth Respondent is authorised and ordered upon service of the court order by the Sheriff of this Honourable Court, to immediately surrender the body of the Late President Lungu to a representative or representatives of the Zambia High Commission to enable the Applicant to repatriate the body to Zambia for the purposes stated in paragraph 4 above.

6. The First to Seventh Respondents are authorised to be present when paragraphs 4 and 5 of this Order are executed, and an Aide De Camp, the late president’s physician, and two Family members may accompany the coffin containing the body of the Late President Lungu during the repatriation

7. There is no order as to costs, which includes reserved costs.

A.T. LEDWABA
ACTING JUDGE-PRESIDENT OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA

T.P. MUDAU
ACTING DEPUTY JUDGE-PRESIDENT OF THE HIGH COURT
GAUTENG DIVISION, JOHANNESBURG

S. POTTERILL
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA