Constitutional Court rejects Lungu family’s appeal

Zuko Komisa

Court orders repatriation of Former President Lungu's body for burial in Zambia — Court orders repatriation of Former President Lungu’s body for burial in Zambia

South Africa’s Constitutional Court has refused the family of former Zambian President Edgar Lungu’s bid for a direct appeal.
The family was seeking to overturn a high court ruling that granted the Zambian government the right to repatriate Lungu’s remains for a state funeral.
The court found no sufficient case for a direct appeal, meaning the family must now follow the standard legal process.

The Constitutional Court has dismissed an urgent application from the family of the late former Zambian President, Edgar Lungu, to directly appeal a High Court ruling concerning his remains.

The family had sought to overturn a previous judgment by the North Gauteng High Court in Pretoria, which found that the Zambian government was entitled to repatriate Lungu’s body for a state funeral and burial.

In a concise ruling, the Constitutional Court stated that the Lungu family had failed to make a sufficient case for a direct appeal to the highest court. The family’s legal team had sought to have the High Court’s judgment set aside entirely and replaced with an order that would dismiss the Zambian government’s initial application with costs.

Earlier this month, Lungu’s widow, Esther Lungu, had submitted an affidavit to the court arguing that “the interests of justice demand an urgent direct appeal.” She also asserted that “no one may be compelled to bury their loved one in accordance with the dictates of a State.”

The Constitutional Court’s decision means the family must now follow the standard legal process, which involves first appealing to a higher court before potentially reaching the Constitutional Court.