The family of the former Zambian president has filed an appeal to challenge the Pretoria high court order to repatriate the body of Edgar Lungu to his country for burial.
Last Friday Pretoria high court judge Aubrey Ledwaba said the Zambian government was “entitled to repatriate the body of the late president” and ordered his family to “immediately surrender” it to authorities.
However, in an application to appeal filed by Mashele Attorneys on Tuesday, the family said the court had erred in its findings and ignored Lungu’s wishes to be buried in South Africa.
“At no time did the [Zambian] administration take any interest in the late president Lungu’s wellbeing after his removal from office. President Lungu said his wishes were that in the event of his death, those who never showed any interest in his welfare while he was alive should not be allowed to pretend to be interested in his welfare at death,” the appeal read.
The family further states in the appeal that their decision to bury the former president in South Africa is based on the guarantees given by the Zambian government that they will not deviate from the undertakings or betray the trust of the family and the wishes of Lungu.
The court misled itself by finding that Zambian law dictates that Lungu should be repatriated, the family further argues.
“No expert evidence was provided to substantiate this finding on Zambian law. The court erred in finding that the details of the burial process of a loved one are trivial and matter little. Such a finding is in direct contravention of the constitution of South Africa, specifically sections 10, 12, 15 and 30.”
According to the family, the court ought to have dismissed the repatriation application based on their objections.
“The court ought to have found that the respondent [Zambian government] acted, at all relevant times, in bad faith in misrepresenting to the family that the current president [Hakainde Hichilema] will not take any part in the burial of the late [former] president Lungu. Wherefore the purported agreement, if proven, falls to be declared void due to impossibility and or ought not to be enforced as it would result in undue harm to the applicants,” the document read.
Lungu died on June 5 after suffering cardiac complications from a surgery at Mediclinic Medforum Hospital in Pretoria.
The appeal is set to be heard on Friday.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.