THE KAWECHE KAUNDA CASE: Who has rights to the Body?
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FACTS:
In the case of The People v Secretary to the Cabinet Ex Parte Kaweche Kaunda (2021), heard in the High Court of Zambia on 7 July 2021, Kaweche Kaunda, one of the children of the late President Kenneth Kaunda, sought JUDICIAL REVIEW against the Secretary to the Cabinet (citing the Attorney General).
The core issue was the retention and disposal of Dr. Kenneth Kaunda’s remains and burial site. Kaweche alleged that the State, via government departments, had acted unlawfully and in contravention of both procedural fairness and the deceased’s wishes (as expressed by the family).
HELD:
The High Court, presided over by Justice Muma, granted leave to apply for judicial review. The Court ordered that Kaweche’s application would operate as a stay, meaning any government decision concerning the remains or burial site would be put on hold PENDING FULL DETERMINATION of the case.
It is important to underscore the fact that Judicial review is available when it is alleged that;
1. State action is contrary to constitutional or procedural norms,
2. There is unfair handling, or
3. There is breach of known wishes of deceased persons or their families.
The grant of leave automatically triggers a stay halting any State action affecting the burial site until a full inquiry is conducted.
MY ANALYSIS:
It appears that in the current case; and after protracted negotiations; an amicable understanding between GRZ and the Kaunda family was reached. The case NEVER proceeded to full substantive trial to determine the case on its merits.
In other words, it is my considered opinion that there is NO PRECEDENT regarding the right of the State to the remains of a deceased Former Head of State. Put it simply, Zambia has in my opinion NO LAW in either Statute nor Case Law regarding the remains of a Former Head of State.
The legal suit should have been Kaweche Kaunda vs Attorney General and not The People vs Secretary to Cabinet.
And you are guiding the legal
Touchè…..insightful