The Zambian government has argued in the Supreme Court of Appeal that it relies on the common law of the country and the agreement that was reached between them and the family of former president Edgar Lungu. The agreement was to repatriate Lungu’s body from South Africa for a state funeral and burial in Zambia.
Advocate Ben Stoop for the Zambian government contends that all the country’s presidents are buried at Embassy Park in Lusaka.
The family of the 6th president of Zambia seeks to overturn the decision of the Gauteng High Court in Pretoria.
The ruling found that Zambia is entitled to repatriate Lungu’s remains for the purposes of a state funeral and burial. Advocate Stoop also contends that it is ill conceived to say the agreement was breached.
“What should happen is that, considerations of public policy, the principle of fairness, equity, equality and the interest of justice, the balance of convenience of the exigency cost by the deceased in this particular matter, being a public figure of national importance and was to be accorded the state funeral by the governor of the government. They should be taken into consideration.”
Meanwhile, the family argues that the High Court in Pretoria erred when it upheld the Zambian Government’s claims to repatriate and bury Lungu’s remains in a state funeral in Zambia.
The family contends that judgment is wrong because Lungu’s widow and her children should enjoy exclusive rights to decide how and where to bury the late President.
VIDEO | Court proceedings over former Zambian president Edgar Lungu:
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