LUNGU FAMILY APPEALS PRETORIA COURT RULING, CITING IGNORED BURIAL WISHES AND HARM TO DIGNITY
By Brian Matambo – Sandton, South Africa
The family of former Zambian President Edgar Chagwa Lungu has launched a formal appeal against a Pretoria High Court ruling that ordered his remains to be released to the Zambian government for repatriation and a state funeral in Lusaka. The move deepens a high-profile legal and political dispute that has gripped Zambia and drawn regional attention.
In court papers filed through Mashele Attorneys, the widow, Esther Lungu, and six other family members argue that the Full Court “erred” in granting relief that disregarded the late president’s express wishes. They say Lungu had made clear that those who had shown no concern for his welfare in life should not preside over his funeral or burial in death, a pointed reference to current President Hakainde Hichilema.
The appeal states that the court wrongly treated a tentative funeral programme, marked as “FAA7” in the record, as a final binding agreement. The family contends that this document expressly required further consultation on who would speak at events and under what conditions, and that no such final agreement was reached.
“The guarantees given by the Government of the Republic of Zambia were clear,” the filing says, “that they would not deviate from undertakings or betray the trust of the family and the wishes of the late President Lungu.” The appellants maintain that the state’s actions have already broken that trust.
Beyond the legal arguments, the family frames the dispute as one of dignity, cultural autonomy, and political neutrality in the burial of a former head of state. They warn that allowing the current government to control the funeral would cause “undue harm” to them and violate principles under both South African family law and Zambian customs.
While the appeal does not detail new evidence, allies of the family have called for the leaked audio allegedly featuring Robert Chabinga discussing judicial influence to be admitted into the record, arguing that it casts doubt on the fairness of the original judgment.
The case, now heading for review, is being closely watched in Lusaka, Pretoria, and among regional bodies. If the appeal succeeds, it could block the repatriation order and give the family greater authority over the late president’s final rites. If it fails, the Pretoria judgment stands, clearing the way for a state-managed burial at Embassy Park, Zambia’s official presidential cemetery.
Does an appeal prevent execution of the court order?
Wrong turn
The Lungu family will still loose the appeal,but what are the ECL family up to ? Are they above the 20 million Zambians whom ruled during his reign?
The Lungu family will still loose the appeal,but what are the ECL family up to ? Are they above the 20 million Zambians whom ECL ruled during his 7 years reign? Let’s wait and see how things unfold.
In Zambia and most jurisdictions, an appeal does not operate as a Stay. So, if this is the same with South Africa, the Appellants will need a Stay of Execution of JUDGMENT without which the body will be transported back to Zambia.
@chindababeleka
You are correct, an appeal may not necessarily be a stay of execution in most jurisdictions.
Does this infact explain why the case was scheduled for Friday, and 11:30hours for that matter, so that there is no time for an application for a stay of execution…
so that the remains can be whisked away in the dead of night.
And also why in the judgement there was an Absurd Order , that the Family MAY be Present and not SHOULD be present when the body is being given to the state!
But then if you whisk the body at night , and leave the relatives , how do you conduct the so called dignified funeral without the Widow and family?
No. The delivery of JUDGMENT on a Friday has nothing to do with appeal and moving the body. A Stay of Execution could have been filed with Ex-parte Summons and Affidavit in Support with the same urgency and speed they used to file thr appeal.
And who signs the Stay when Judges have knocked off? Fridays working day ends at 14 : 00 hours.
The Notice of Appeal is easy. It just ends at the Registry. Obtaining a stay is a different issue my brother…
Am not privy to the papers filed, but looking at the judgement, it’s timing, and the Wording of the Orders , some thing doesn’t seem right. It’s like some one is subtly telling the State to quickly move the body whether relatives are there or not..How do you explain the use of MAY and not SHOULD?
Maybe something right maybe something wrong in the judgement but the prime thing is the judgement orders repatriation to Zambia and the holding of state funeral. That is really the correct thing. Even the Lungus know that, except that to them its all about defeating the Zambian govt in this battle of the body. Their propositions are also suspect, these are persons being pursued by law enforcement for acquisition of wealth illegally, their wish to bury outside the country is part of a plan to comfortably stay away from prosecution, while quietly enjoying their loot out there in sasasa. I am sure the Zambian authorities are just being diplomatic. Behind their push for repatriation they know they are stopping the lungus from running away from justice.
As expected!
Let them appeal. It’s their right. I welcome the appeal. Great move by the Lungu family.
This is the correct course of Action.
Certainly a Traversty of Justice… What a sham judgement.
How can one apply for different Relief from the terms of the purpotted agreement.
You agree that you will be supplied with Oranges. One party goes to Court asking to be supplied with Apples, and the Court agrees! Where on earth?
@Gunner, they can’t fight with the government. Those guys ARE HIDING THEIR RICHES IN SOUTH AFRICA that’s all. Nothing else.
I know that he was a criminal president. But most Zambians do not mind.
Looking at the summarry the Court made and Orders, there is is little or no chance of success of appeal but it is their inalienable right.
South African courts should widen up why does the lungu family insist on burying in south Africa? So many ?????? Employ critical thinking skills and arrive at judgement. The lungu’s claim to be Zambians when did their nationality change? South Africa be carefywith this family. Donot say that you were not warned. LUngu’s will start claiming your land and fencing game reserves. A word is enough for the wise
And I quote “In court papers filed through Mashele Attorneys, the widow, Esther Lungu, and six other family members argue that the Full Court “erred” in granting relief that disregarded the late president’s express wishes”
Is this a contradiction of their lawyers statement? Their lawyer was asked if Edgar Lungu wanted to be buried in Zambia. The answer was yes. Below is the article published by Zambian Observer as verbatim court transcript.
“LAWYER MBATHA:
Your Honour, I’d like to redirect the witness—Mr. Makebi Zulu.
(Makebi Zulu, a seasoned but visibly uneasy figure, adjusts his tie and steps forward.)
LAWYER MBATHA:
Mr. Zulu, earlier you stated—on record—that President Lungu gave specific instructions about what should happen in the event of his death. Is that correct?
MAKEBI ZULU:
Yes. He told us… explicitly… that if he died, no Zambian government plane should be used to transport his body. He said he wanted to be flown back in a private jet.
(Gasps from the gallery. Quiet whispers.)
LAWYER MBATHA (stepping closer):
So, to be clear—you’re confirming that President Lungu never intended to be buried in South Africa?
MAKEBI ZULU (hesitating, then nodding):
That’s correct.
(The courtroom stirs. The judge glances over the rim of her glasses.)
LAWYER MBATHA (voice rising):
Then tell this court, Mr. Zulu—if you know what the man wanted… why are you standing in the way of fulfilling his final wish?
(Murmurs swell. The judge bangs the gavel.)
This is the testimony of their lawyer. Where is their appeal based on if this is what they said in court under oath?
Anyway….more popcorn please….
smart!!! In court facts carry the day and not emotions. Especially when the family’s own affidavit is what is on trial. This is a hard nut to crack. Just how do you fix the mess.
To appeal they first need to get leave to appeal from the Pretoria Gauteng court and once granted that’s when they can appeal. The other issue is they are just acting on emotion without addressing the issues that were raised in the judgement summary. Additionally they haven’t even received the full judgement yet and it’s Friday for them to already put an appeal in. An appeal can also take time to be heard. If indeed they have appealed they will expose themselves to scrutiny. The so called Lungu’s insulting bemba sister who came into the picture at the 11th hour and wants to live in SA can also be cited for misconduct in court and denied asylum on the basis of not being a proper person. Unless they are still excited and still listening to Makebi, they are burning bridges.
Exactly!!! Some very wise free counsel here. Question is will it be taken or will emotions drown the voice of reason.
It is their right to appeal, it’s up to the court.But the best is to understand the judgement.It is a good judgement for Zambians.