AS MAKEBI ZULU’S PF PRESIDENTIAL BID USING ECL’S BODY AS LAUNCHPAD COLLAPSES MEDIATION PROCESS.
For a third time or so, I maintain that the ECL burial impasse between the government of the Republic of Zambia and his ‘Family’ is INCAPABLE of being resolved ex-curia (Outside the Court System).
The reason is simple: Parties in the impasse are coming to the negotiation table with FIXED positions, leaving no room for progressive compromises. 
On one hand, the family is fixed on its stance that for ECL’s body to be repatriated to Zambia for a dignified STATE Funeral, the HEAD of STATE should not be part of the burial, he should not PRESIDE over the funeral.
Furthermore, the family seems to be fixated on its earlier position that the Head of State should maintain a social distance from the body of the deceased ex president.
On the other hand, the State also has maintained that ECL deserves a Dignified STATE FUNERAL and Burial like other 5 deceased Presidents before him.
The State maintains that in accordance with established STATE Practice, State Funeral of this magnitude should be Presided over by the HEAD of STATE, after all, it’s a STATE Funeral.
On the restriction with respect to the Head of State’s proximity to the ‘corpse’ of the ex president, State house Communication Specialist (Presidential Spokesperson) clarified that the President is not interested in the body.
DO YOU NOW SEE WHY MEDIATION IS A WASTE OF TIME AND RESOURCES?
Clearly, mediation/Negotiations FAILED in the first place. That’s what prompted the matter to find itself in the South African Courts.
✅ After a careful consideration of the dispute before it, a full Bench of the High Court of South Africa RULED in favour of the STATE.
✅ The High Court refused to tolerate the demands from the family that the Zambian Head of State should be barred from Presiding over a STATE FUNERAL.
❗ The family tried to appeal against the High Court by first applying for leave to appeal.
❌Before the High Court could determine the application, the family pretended to be open for an out of Court settlement. The proceedings before the High Court were adjourned sine die.
🤔 While everyone was talking about the sine die adjournment and possible settlement in the horizon, within hours, the family launched another application before the Constitutional Court of South Africa, seeking permission for a direct appeal against the High Court’s decision.
🚮 Can you see the INSINCERITY on the part of the family?
🔨 Well, the Constitutional Court said, “GET OUT”, Go back to the High Court for you have not demonstrated any Constitutional issue requiring our direct intervention.
🔨🔨 On 16th September, the High Court passed its ruling on the application for leave to appeal: DISMISSED WITH COSTS.
👩👧👦 Instead of repatriating the body to Zambia in accordance with the High Court Judgement (not the Zambian High Court, but the South African High Court which the family said had confidence in), abo, they filed an appeal application in the Supreme Court of South Africa.
❗ That application for leave to appeal is gathering dust in the Supreme Court because the Court was obviously told that there are some negotiations going on capable of resolving the impasse.
‼ Here we are❗ Complicated by the realisation that the other party has been politicising the impasse, as can be seen from one of the key participant’s announment to run for PF presidency in the midst of the mediation process, Dr. Bakili Muluzi has aborted the process.
The Malawian former Head of State has just seen that he has been dealing with political vultures, trying to gain political mileage using a dead body as can be heard from the family Spokesperson’s campaign messages.
FOR YET ANOTHER TIME, This impasse shall never be resolved by mediation, even if Jesus was to mediate. LITIGATION is the only remedy. COURT ORDER! COURT ORDER! COURT ORDER!
