A ZAMBIAN national residing in South Africa, Vincent Kafula, has submitted a 28-page joinder application to the Pretoria High Court, petitioning for the repatriation of the remains of former Zambian President Edgar Lungu to Zambia.
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The application comes amidst an ongoing legal battle initiated by the Zambian government, which has sued Lungu’s widow Esther, his sister Bertha, children Tasila, Chiyeso, and Dalitso, and cousin Charles Phiri, demanding that Lungu be buried in Zambia with full state protocols.
Also named as defendants in the government’s suit are lawyer Makebi Zulu, Two Mountains Burial Services.
Kafula asserted that his affidavit aims to demonstrate the necessity of the intervention in the interests of justice and to protect the fundamental human rights.
He stated that the South African High Court possesses inherent jurisdiction under Section 173 of the Constitution of the Republic of South Africa, 1996, to hear matters of public importance, particularly those alleging violations of international human rights norms.
In his submission, Kafula stated he has a direct and substantial interest in the case due to his commitment to defending constitutional principles and human rights in Zambia.
He emphasised his intention to be fair and impartial in his contributions, stating he has no personal stake in the dispute and has nothing to gain.
“I assure the Court that my contributions will be fair and impartial,” Kafula said.
Kafula argued that it is in the best interest of the Zambian public for the late former President, whom he described as dearly loved by many, to be laid to rest at Embassy Park in Zambia, alongside other former presidents.
This, he argues, would allow all Zambians, including those with limited means, to visit his final resting place without crossing international borders.
“However, I respectfully submit that this Court must balance the public interest with the wishes of the Lungu family, who desire that the late president Edgar Lungu be buried in South Africa due to the state- sponsored persecution he faced during his lifetime and his status as a private citizen at the time of his passing.”
“The Zambian court precedent is not binding on this Court; only South African precedent carries persuasive authority under common law,” Kafula submitted.
He urged the court to dismiss the Zambian government’s reliance on Zambian jurisprudence.
Kafula further requested that any Zambian government request to repatriate Lungu’s remains be refused until the Constitutional Court of Zambia confirms an order from this Court protecting the constitutional rights of the Lungu family.
“The Court should order the government to formally establish an agreement with the Lungu family.”
“I further submit that any request by the Government of the Republic of Zambia to repatriate the remains of the late President Edgar Lungu to Zambia should be refused until the Constitutional Court of the Republic of Zambia confirms an order from this Court protecting the constitutional rights of the Lungu family,” he submitted.
He also prayed that the court declare that President Hakainde Hichilema be permitted to attend Lungu’s funeral, wherever it takes place, to represent the Zambian people.
The legal proceedings are ongoing in the Pretoria High Court.
By Lucy Phiri
Kalemba July 12, 2025
