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By GRACE CHAILE
THE burial of late former President Edgar Lungu may not take place any time soon, more than two months after his demise after the Pretoria High Court indefinitely adjourned the case in which the Zambian government has sued the family of the former head of State demanding the release of his mortal remains for repatriation for burial in Zambia
The sine die adjournment of the matter is meant to pave way for the Constitutional Court to hear a direct appeal from the family of former President Lungu, who are challenging the judgement of the South African High Court that has ordered the immediate surrender of the remains of the former head of State to the Zambian government.
Last Friday, former First Lady Esther Lungu escalated the legal fight to South Africa’s highest court, the Constitutional Court, arguing that the High Court’s decision in favour of the Zambian government,authorising the repatriation of her late husband’s remains for a state funeral in Lusaka was in violation of her family’s constitutional rights.
When the matter came before a three-judge bench of the High Court yesterday, the parties consented to an adjournment sine die to allow the Constitutional Court proceedings to take course. The court granted the adjournment without awarding costs.Ms Lungu and her children have asked the South Africa’s apex court to overturn the August 8 decision that authorised the government to repatriate the former president’s body for a state funeral at Embassy Park in Lusaka.
“The spouse and children of President Lungu, as the heirs, have the exclusive right to decide on the intimate and extremely personal details of his burial,” Ms Lungu argued in her founding affidavit, adding that such rights are protected under South Africa’s Constitution and common law.She has told the South African Constitutional Court that before his death on June 5, 2025, former President Lungu instructed the family that he did not want those who did not care for him while he was alive near his body, specifically objecting to President Hakainde Hichilema attending or speaking at his funeral.
