SA ConCourt rejects Lungu family appeal

SA ConCourt rejects Lungu family appeal

By George Zulu

THE Constitutional Court of South Africa has refused to entertain a direct appeal by the Lungu family challenging a Pretoria Division of the Gauteng High Court ruling that ordered the repatriation of former president Edgar Lungu’s remains for burial in Zambia.

An order signed by acting registrar Dunisani Mathiba on behalf of a full bench declined the family’s application for leave to appeal directly to the Constitutional Court.

“The Constitution Court has considered the application for leave to appeal and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused,” the ruling read in part.

The court ordered that leave to appeal directly to the Constitution Court was rejected.

Lungu’s family had sought to set aside the Pretoria court decision and applied for leave to appeal on August 8.

The matter was previously postponed to August 18 to allow ongoing discussions between the family and the Zambian government, after which the family pursued urgent direct access to the Constitutional Court.

In its ruling yesterday, the South African Constitutional Court ruled there were no exceptional circumstances justifying bypass of the ordinary appellate route.

Meanwhile, Secretary to the Cabinet Patrick Kangwa says the government will continue to engage the Lungu family to give the former president a deserving send-off.

“The government of the Republic of Zambia has taken note of the Constitutional Court of South Africa’s ruling concerning the burial of the sixth president, Dr Edgar Chagwa Lungu. On behalf of the government, we want to thank the court for its timely consideration of the matter. While the government respects the court’s decision, it remains committed to working with Dr Lungu’s family to reach an arrangement that takes into consideration their wishes and interests, but taking into account the rights of the government,” Kangwa said.

He said Lungu deserved a dignified funeral.

“Our position is unchanged. The late president deserves a dignified funeral in keeping with the stature of his office. We want to thank citizens for their understanding at this time and avoiding inflammatory comments. Now is the time for all of us to keep the Lungu family in our thoughts and prayers as we mourn the loss of the former president,” Kangwa said.