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The government has reaffirmed its commitment to working with the family of late President Edgar Lungu to reach an arrangement that respects their wishes while upholding the rights of the State.
This followed a major legal setback for the family after South Africa’s Constitutional Court dismissed their urgent bid to stop the Zambian government from repatriating his remains for a State funeral and burial.
In a ruling delivered by Acting Registrar Dunisani Mathiba, the apex court declined to entertain the direct appeal, stating that no case had been made to warrant its intervention.
Reacting to the ruling in a statement issued in Lusaka on Tuesday, Secretary to the Cabinet Patrick Kangwa welcomed the decision, thanking the court for its timely consideration of the matter.
“The Government of the Republic of Zambia has taken note of the Constitutional Court of South Africa’s ruling concerning the burial of the Sixth President, Dr. Edgar Chagwa Lungu. On behalf of the government, we want to thank the court for its timely consideration of the matter,” Kangwa said.
He reiterated that while government respected the decision, its position remained unchanged—Lungu deserves a dignified State funeral befitting the stature of his office.
Kangwa also appealed for unity and respect, thanking Zambians for refraining from inflammatory remarks during this sensitive period.
“It is now time for all Zambians to keep the Lungu family in their thoughts and prayers as the country mourns the loss of the former President,” he added.
In a ruling delivered by Acting Registrar Dunisani Mathiba, the apex court dismissed the direct appeal, stating that no case had been established to warrant its intervention.
“The Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused,” the order read.
The ruling means the family’s legal battle reverts to the Gauteng Division of the High Court in Pretoria, where they are seeking leave to appeal to South Africa’s Supreme Court against an earlier judgment permitting the Zambian government to take custody of the former president’s body.
The High Court had last week adjourned the matter indefinitely, pending the Constitutional Court’s decision.
The appeal was led by former First Lady Esther Lungu, who argued that the High Court ruling infringed upon the family’s constitutional rights to dignity, privacy, and autonomy in making burial arrangements.
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