LUNGU FAMILY LOSES APPEAL

The Gauteng High Court in Pretoria has dismissed with costs the Edgar Lungu family’s bid for leave to appeal to the Supreme Court of Appeal the High Court judgment that ruled that the Zambian government is entitled to repatriate his body for a state funeral and burial.

The family turned to the High Court, arguing, among other things, that this battle over the remains of the former President raised significant questions of law that needed to be resolved by the appellate court.

The High Court, however, in its judgment disagreed, finding that there were no reasonable prospects of success and that there are no compelling reasons that exist because the matter is so fact-specific that there is very little to no prospect that the same set of facts will confront a court again.

The application was subsequently dismissed with costs.

The family has the option of trying to petition the SCA. If that fails, they also have the option of the Constitutional Court.

Failure to exercise these options means that the full bench judgment still stands and the Zambian government can begin to execute the order i.e., begin the repatriation process. SABC

 

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