Lungu's family moves to appeal Lusaka burial order

Lungu's family moves to appeal Lusaka burial order

The family of former Zambian president Edgar Lungu has applied for leave to appeal the High Court decision granting the Zambian government the right to bury him in Lusaka.

Edgar Lungu
AFP

The late statesman died in June and has been kept at a South African mortuary,  amid an ongoing dispute between the Zambian government and his family over where he should be buried.


Lungu's family has refused to allow his repatriation and official burial in Zambia over his alleged wish not to have the current president, and his political rival, Hakainde Hichilema, preside over his funeral.


Acting Judge President Aubrey Ledwaba delivered the court's decision earlier on Friday.


Nearly two weeks after his death was announced, Lungu's family refused to release his body to the South African military at the last minute in protest against the Zambian government's arrangements, including that President Hichilema would receive it upon arrival.


On Monday, the Zambian government's lawyers argued that the family had failed to demonstrate that Lungu's last wish was to be buried in South Africa.


They also outlined an earlier agreement between the two parties, after a compromise was reached over Hichilema's role at the state funeral, which the family had reneged on. 


The court found there was an existing agreement. 


In their papers, Lungu's family contends that the court erred in not making provision for the family to repatriate his body, in line with the said agreement. 


They also say the agreement did not establish Hichilema's involvement in his predecessor's funeral. 


Lungu's sister, Bertha, the second respondent cited in the appeal papers, wailed in the background while Zambian Attorney General Mulilo Kabesha addressed the media. 


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