THE LEGAL MISSTEPS – State Overreaches in Lungu Burial Dispute
….as State go to court playing rugby in a game of football….
Pretoria – Monday, 4th August 2025
The Pretoria High Court heard final submissions in the case between the Zambian government and the family of late President Edgar Chagwa Lungu. Contrary to popular belief, no ruling was delivered today but judgment is expected any time before Friday.
Speaking this evening in an interview, family spokesperson and legal counsel, Makebi Zulu, broke down the timeline and highlighted the government’s shifting legal strategy, which he described as “playing rugby in a game of football.”
According to Senior Counsel Zulu, the matter began on 24th and 25th June 2025, when the Zambian government sought an interdict akin to an injunction in Zambia to halt the burial of the late President in South Africa.
However, no such injunction was granted. Instead, both parties entered a mutual undertaking not to proceed with burial arrangements until the court had ruled. The Lungu family complied in good faith, believing the state simply intended to delay and disrupt the burial process.
Court-mandated filings followed in the weeks that followed. The state was required to file its originating process by July 4, the family to respond by July 11, and the state to reply by July 18. Although the state filed their arguments late on July 22, the family submitted their final response by July 24, leading to the oral hearing that took place today.
Counsel Zulu has revealed that the Zambian government is seeking four primary reliefs from the court:
1. a declaration that it is entitled to repatriate the late President’s body to Zambia for a state funeral, body viewing, and burial;
2. an order compelling the funeral home (8th respondent) to surrender the body directly to the Zambian High Commission upon the Sheriff’s demand;
3. authorization for designated individuals, including an undertaker, aide-de-camp, and two family members, to accompany the body on the state’s terms; and
4. effectively excluding the family’s authority in the repatriation and burial process.
“This case is about control,” said counsel Zulu.
“The state wants to take over repatriation, exclude the family, and dictate the terms of how our former president is buried. That is not only legally problematic but morally unacceptable.”
Counsel Zulu pointed out that while the state argued in court about a supposed agreement, their filed reliefs had nothing to do with any agreement.
“They are not even seeking specific performance,” he explained,
“which is the appropriate legal route when one party alleges the other has breached a contract.”
Instead, the government is asking the court to introduce new orders that were never part of any previous understanding effectively rewriting the rules.
“If such an agreement did exist and we argue it doesn’t it said the family would handle repatriation. The family even had a private jet ready. Now the government is trying to use the court to change the terms.”
Counsel Zulu added that the court had already read the full submissions from both sides before today’s hearing.
“What we witnessed in court was only a supplementary exchange. The real case is in the documents.”
At the heart of the matter is Relief Number One: Should the government be the sole authority to repatriate the late President’s body?
“This is the relief we expect the court to rule on first,” said Counsel Zulu.
“If the court says yes, it must tell us why and whether that’s based on an agreement or something new.”
With judgment expected before Friday, the world now watches as the Pretoria High Court weighs dignity, sovereignty, and the rightful role of family in laying a stripped off leader to rest.
“The family has complied with every lawful requirement,” counsel Zulu concluded.
“Now we wait to see if justice will do the same.”
I have looked at the gist of Counsel Makebi Zulu ‘s Argument.
Relief number 1. If the basis of the state argument for relief number 1 , is the Agreement made on 14th June, 2025, the said agreement stated that the remains be Repatriated via a Private Chartered Plane as per President’s wish.
The state now wants to handle the repatriation of the Body. This is new. It wasn’t part of the Agreement.
Relief number 2. Release of the remains to the government of Zambia through the South African Ambassador ‘s office, this wasn’t part of the agreement. This is new.
And the Judge in his questioning wanted to be very clear on the Agreement the Lawyer for the Plaintiff was referring to.
Indeed if there’s a breach in any terms of the agreement, the relief sought should be anchored on specific performance … but of course the state didn’t go on this route, because the reliefs sought are different and out side what was originally agreed.
It will be interesting to see how the judges will handle this.
The state is going to lose this case. The demands are too many and unreasonable.
Don’t make such conclusions. Things have drastically changed in this world. It’s now a global village. Just wait and see, how modern cases are hundled in a global village in which regional and international understanding, norms and collaboration are paramount, in the settling of particular national conflicting issues. Read some internal law books together with those about international relations and global village concepts.
Makebi behaves like a junky, he is now crying because he has been butchered from right left and center, what a useless and an imposter lawyer ,exposing his ignorance in a foreign country
Bury him where ever after all the late won’t complain. The article is useless. People like the writer wants to occupy our minds with this useless story. Most of us don’t give a huge with this botched burial.