REPUBLIC OF SOUTH AFRICA
ULDI¢
& o>
Ay rake » \4
> aaa
> . ay)
COR SIO’
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case Number: 2025-096565
(1) REPORTABLE: YES 9 -
(2) OF INTEREST TO OTHE JUDGES: YES
(3) REVISED: YES
8 August 2025 j
DATE SkNaTWR -
(y
In the matter between:
GOVERNMENT OF THE REPUBLIC OF ZAMBIA Applicant
and
ESTHER LUNGU First Respondent
BERTHA LUNGU Second Respondent
TASILA LUNGU Third Respondent
DALIESO LUNGU Fourth Respondent
CHIYESO LUNGU Fifth Respondent
CHARLES PHIRI Sixth Respondent
MAKEBI ZULU Seventh Respondent
TWO MOUNTAINS Eighth Respondent
THE MINISTER OF INTERNATIONAL RELATIONS
AND COOPERATION Ninth Respondent
2
Summary:
This judgment was prepared and authored by the Court whose names are reflected
and is handed down electronically by circulation to the Parties/their legal
representatives by email and by uploading it to the electronic file of this matter on
CaseLines. The date for handing down is deemed to be 8 August 2025.
JUDGMENT
CORAM: LEDWABA AJP, MUDAU AD¥JP et POTTERILL J (THE COURT)
Introduction
[1] On 24 June 2025 the applicant, the Government of Zambia represented by the
Attorney-General [the Government] launched this urgent application for an order, inter
alia, seeking that the eighth respondent, Two Mountains [the funeral parlour] be
ordered to keep and to preserve the body of the late President Lungu and not to
remove or to dispose of it in any manner pending finalisation of the application seeking
the repatriation of the body. The application was to be instituted on or before 22 July
2025. The funeral parlour did not partake in the proceedings. The ninth respondent,
the Minister of International Relations and Cooperation, was joined and then removed,
had notice of the application but chose not to participate. Nothing turns thereon.
[2] On 25 June 2025, this court, per Ledwaba DJP, pursuant to an agreement by
the parties ordered that the funeral and burial of the late President Lungu be
suspended pending the determination of the main application. The respondents
opposed the main application and for ease of reference the first to sixth respondents
are referred as the “Family” of the late President Lungu. The seventh respondent,
Makebi Zulu [Mr Zulu], the late President Lungu’s attorney participated in negotiations
between the Government and the Family but did not partake in the proceedings before
us.
(3] Despite the above order by agreement between the parties, the Government
brought an ex parte application on 2 July 2025, seeking to vary the consent order
3
granted by Ledwaba DUP. In the ex parte application the applicant alleged that the
original order implicitly required the funeral parlour to continue caring for the late
President Lungu's body indefinitely pending the hearing of this application. This
application was granted. Bringing such an ex parte application is frowned upon by this
Court.
[4] In the amended notice of motion the Government sought a declaratory order
that it is entitled to repatriate the late President Lungu’s body for a state funeral and
burial thereafter in Embassy Park, Lusaka, Republic of Zambia. The funeral parlour
is authorised and ordered upon demand by the Sheriff of this Court to surrender the
body of the late President Lungu to a representative or representatives of the Zambia
High Commission to enable the Government to repatriate the body to Zambia for a
state funeral and burial. The Family is authorised to be present when repatriation is
executed and an Aide De Camp, the late president's personal physician and two
Family members (subject to such restrictions the applicant may reasonably impose),
accompany the coffin containing the body of the late President Lungu during the
repatriation.
[5] Both parties filed applications to strike-out certain phrases and/or paragraphs
of the affidavits alleging that these allegations are vexatious, irrelevant and scandalous
or constituted hearsay evidence. Furthermore, the Family filed an application for
condonation for the late filing of a conditional counterclaim to declare an alleged
agreement between the parties pertaining to the repatriation and burial void, if the
court should find that such agreement was reached. The Government opposed this
application for condonation.
Joinder application
[6] Mr Vincent Kafula, a Zambian national currently residing in Cape Town, sought
to intervene in these proceedings on allegations that he has “a substantial interest in
upholding the Constitution of Zambia, international human rights law, and the affairs
of Zambia”. He contends inter alia that, “what Zambia requires at this critical juncture
is national reconciliation and the rectification of unconstitutional laws that undermine
democratic principles. Although this court may lack direct jurisdiction, it can issue a