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Lungu Family Loose Court Appeal Bid Over Burial Rights

The South African High Court has firmly ruled that there are no reasonable prospects of success in the appeal concerning the burial of the late former Zambian President Edgar Lungu.

The case centred on whether Zambia’s burial rights and traditions should apply, given that the deceased was in South Africa on a temporary medical visit.

The judges made it clear that the deceased remains a former head of State entitled to burial benefits at Zambia’s expense.

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Arguments that his State benefits had been stripped were dismissed.

The Court also rejected claims that expert evidence of Zambian law was missing, noting that the Attorney General of Zambia is already an authority in that regard.

Importantly, the Court emphasised that the disputes over burial rights are common but often resolved through agreement.

However, in this matter, the attempt to elevate it to a constitutional battle was seen as unconvincing.

The Court stressed that the case was fact-specific, with no broader constitutional issues requiring further appeal.

In the end, the application for leave to appeal was dismissed with costs, meaning those who pursued it will bear the expense of the case.

The bottom line is that the Court confirmed Zambia’s right to bury its former president with full State honours and shut the door on further legal wrangles in South Africa.

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