SA court judgment not based on law – M’membe
By George Zulu and Tony Nkhoma
SOCIALIST Party (SP) 2026 presidential candidate Dr Fred M’membe says the Pretoria High Court judgement ordering the repatriation of former president Edgar Lungu’s remains is shocking and unreasonable as it has no legal basis.
And human rights defender Brebner Changala says it is morally wrong for President Hakainde Hichilema and his government to insist on presiding over Lungu’s funeral because of the hatred that existed between the two leaders.
Speaking when he featured on SABC‘s Channel Africa on African World Hour in conversation with Tšepiso Makwetla, Dr M’membe said the court used a law that did not exist in Zambia in its judgment in the repatriation of the remains of former president Lungu.
“It is shocking to some of us who are lawyers in Zambia. The law that the Pretoria High Court was depending on does not exist in Zambia. There is no law in Zambia that the Pretoria High Court was depending on. The judgment leaves many questions than answers. The family has done well to appeal the judgment, though it comes at a greater pain for the family,” he said.
Dr M’membe said the Zambian law did not provide for a state funeral but that it was the prerogative of a sitting president to honour such a state funeral.
He said the Lungu family had done well to appeal against that judgment, though it came with greater pain.
Dr M’membe said the late former president died 60 days ago and was still lying in a mortuary without being buried.
“Well, I cannot speak for her [Lungu’s sister], but when a person is in pain, so many things are said. In the Zambian tradition, they say when someone is mourning, they have the liberty to say what they say, and you don’t hold it against them. So, when one is mourning, they can say whatever they can say. It is a painful period for the Lungu family. Imagine their relative, husband, father, or brother has been in the fridge for almost 60 days,” he said.
Dr M’membe said the Lungu family were in order to react in the manner they did after the the judgement.
“They need to bring closure to this. Losing a dear one; a father, brother, uncle or a close family relative is a very painful thing, and delaying burying is another pain. And the court ruling leaves many questions that deserve honest answers. I think the family has decided to appeal against that judgment and I think rightly so. That judgment has not put a closure to everything,” he said.
Dr M’membe wondered why Hichilema was insisting on taking away the body when the Lungu family was the most affected, burdened and felt the loss.
And human rights defender Brebner Changala says Hichilema is wrong to insist on attending and officiating the burial of Lungu who was his sworn enemy.
“In whatever way you look at it, President Hakainde Hichilema is morally wrong to attend the funeral of a person he hated with a passion,” he said.
Changala said it was a well-known fact that Hichilema tormented former president Lungu in life, death, and now wanted to torment him further in his grave.
Changala said the pain Hichilema inflicted on the Lungu family cannot preside over a person he treated as his enemy.
“You cannot preside over the funeral of your enemy. Someone you deeply hated in life, death and in the grave,” Changala said.
The protracted feud over the burial of Lungu’s body has escalated the ethnic and political divisions that have rocked the country since the UPND took over government in 2021.
