Zambia Former President Lungu Burial Postponed Indefinitely in High Court Pending ConCourt Hearing

The Lungu family lawyer escalated its plight to the apex court last week after the high court ordered that the former president’s remains be repatriated to Zambia for burial.

FILE: Former Zambian President Edgar Chagwa Lungu speaks at the General Debate of the 73rd session of the General Assembly at the United Nations on 25 September 2018 in New York. Picture: Bryan R. Smith/AFP

JOHANNESBURG - The dispute over the burial of former Zambian president, Edgar Lungu, has been postponed indefinitely in the high court to allow for the matter to be heard in the Constitutional Court.

The Lungu family lawyer escalated its plight to the apex court last week after the high court ordered that the former president’s remains be repatriated to Zambia for burial.

Lungu died in June while receiving medical attention in Johannesburg and his family has been at pains to ensure he's buried in South Africa, amid a dispute with the Zambian government.

On Friday, lawyers representing the Zambian government and the Lungu family told the Pretoria High Court that they needed time to discuss a way forward after the family filed papers for leave to appeal the court’s judgment.

But then hours later, lawyers representing the Lungu family approached the Constitutional Court and that step has now paused the hearings in the high court.

On Monday morning, the Zambian government’s lawyer, David Mtsweni, said the parties failed to resolve the matter out of court.

"The family has since filed an application for direct access in the Constitutional Court, and on that basis, the parties have agreed to allow the Constitutional Court process to unfold."

The high court has agreed to postpone the matter pending the Constitutional Court hearing.

While the Lungu family has made a case for urgency, it's unclear when the matter will be heard in the apex court.