You Cannot Rely on Historical Fact Alone! Show Us the Evidence” – SA Supreme Court Tells Zambian Government Lawyer
The Supreme Court justices have asked the lawyer representing the Zambian Government in the Legal battle between the LUNGU family and the Government of Zambia for evidence over burial rights and the role of customary law versus state authority.
“You cannot simply say ‘this is how it has always been done’ and expect that to pass as law. In a constitutional democracy, evidence and legal justification must lead not history by itself,” the lawyer said.
“It’s not enough to say they were buried in accordance with the customs. We need to know what those customs were.”
“So you rely solely on, effectively solely on the Kaunda matter for evidence of the customs and practices. Is that correct?”
The Zambian government has no locus standii on this mater. Instead of suing the Lungu family, they should have just tried to win over the family to hand over the funeral process to the State and H should have conceded to not atend the funeral. Simple. Zambia should have begged the family and even throw in a sweetener to pardon the Lungus for their rapacity.
President has been quite on this matter and he never personally said he will or not…..
HH emerged victorious in the 2021 elections. He prevented these individuals from plundering government resources, which has left them resentful. Should this resentment be a justification for us to concede to their demands? Ikona man. Let us uphold the integrity of public office. We must not yield to criminals and those who promote lawlessness.
Let the family bury the remains in South Africa, but there should be a caveat. The body must never be exhumed for reburial in Zambia, ever. The country cannot be held to ransom by a family over such a matter.
They cannot be dictating how things should be done especially after their conduct over the burial of the late first President Dr. Kaunda. Mr. Lungu and his PF government insisted on buying at Embassy Park with or without the family’s permission, but they want to be treated differently.
This issue has dragged on for too long. We have more important matters to attend to.