Court dismisses Edgar Lungu family's application to appeal burial decision

The Pretoria High Court has ruled that no compelling reasons exist for the family of former Zambian president, Edgar Lungu, to be granted leave to appeal.

The court dismissed their application, ruling that there were no reasonable prospects of success in the supreme court.

The family wants to approach the appeals court to challenge a high court ruling that says that Lungu’s remains must be buried in his hometown of Lusaka.

It has been more than three months since Lungu died in Johannesburg and his family has been involved in a legal tussle with the Zambian government over where he should be laid to rest.

READ: ConCourt denies Edgar Lungu's family leave to appeal ruling on his burial site

In their application for leave to appeal, lawyers for the family of Edgar Lungu argued that the Pretoria High Court erred in applying Zambian law on where he should be buried, because he died in South Africa.

Butthe court insists that Lungu was on a temporary visit to South Africa for medical reasons.

According to Zambian law, when a person of significant national interest dies, the wishes of that person and the family must yield to the broader public interest.

The court has rejected the argument that Lungu had been stripped of his presidential benefits, rendering him an ordinary citizen.

Instead, Deputy Judge President Aubrey Ledwaba has agreed with the Zambian government that Lungu was still a former head of state.

The court has found that there are no compelling reasons for leave to appeal because the matter is so fact-specific and the same facts will be argued before a different court.

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