….as State goes to court playing rugby in a game of football….
Pretoria – The Pretoria High Court heard final submissions in the case between the Zambian government and the family of late President Edgar Chagwa Lungu. Contrary to popular belief, no ruling was delivered today but judgment is expected any time before Friday.
Speaking after the court hearing, family spokesperson and legal counsel, Makebi Zulu, broke down the timeline and highlighted the government’s shifting legal strategy, which he described as “playing rugby in a game of football.”
According to Senior Counsel Zulu, the matter began on 24th and 25th June 2025, when the Zambian government sought an interdict akin to an injunction in Zambia to halt the burial of the late President in South Africa.
However, no such injunction was granted. Instead, both parties entered a mutual undertaking not to proceed with burial arrangements until the court had ruled. The Lungu family complied in good faith, believing the state simply intended to delay and disrupt the burial process.
Court-mandated filings followed in the weeks that followed. The state was required to file its originating process by July 4, the family to respond by July 11, and the state to reply by July 18. Although the state filed their arguments late on July 22, the family submitted their final response by July 24, leading to the oral hearing that took place today.
Counsel Zulu has revealed that the Zambian government is seeking four primary reliefs from the court:
1. a declaration that it is entitled to repatriate the late President’s body to Zambia for a state funeral, body viewing, and burial;
2. an order compelling the funeral home (8th respondent) to surrender the body directly to the Zambian High Commission upon the Sheriff’s demand;
3. authorization for designated individuals, including an undertaker, aide-de-camp, and two family members, to accompany the body on the state’s terms; and
4. effectively excluding the family’s authority in the repatriation and burial process.
“This case is about control,” said counsel Zulu.
“The state wants to take over repatriation, exclude the family, and dictate the terms of how our former president is buried. That is not only legally problematic but morally unacceptable.”
Counsel Zulu pointed out that while the state argued in court about a supposed agreement, their filed reliefs had nothing to do with any agreement.
“They are not even seeking specific performance,” he explained,
“which is the appropriate legal route when one party alleges the other has breached a contract.”
Instead, the government is asking the court to introduce new orders that were never part of any previous understanding effectively rewriting the rules.
“If such an agreement did exist and we argue it doesn’t it said the family would handle repatriation. The family even had a private jet ready. Now the government is trying to use the court to change the terms.”
Counsel Zulu added that the court had already read the full submissions from both sides before today’s hearing.
“What we witnessed in court was only a supplementary exchange. The real case is in the documents.”
At the heart of the matter is Relief Number One: Should the government be the sole authority to repatriate the late President’s body?
“This is the relief we expect the court to rule on first,” said Counsel Zulu.
“If the court says yes, it must tell us why and whether that’s based on an agreement or something new.”
With judgment expected before Friday, the world now watches as the Pretoria High Court weighs dignity, sovereignty, and the rightful role of family in laying a stripped off leader to rest.
“The family has complied with every lawful requirement,” counsel Zulu concluded.
“Now we wait to see if justice will do the same.”
