The family of the late former Zambian President Edgar Lungu has asked the South African High Court to reject an application by Zambia’s Attorney General, Mulilo Kabesha, seeking to remove South Africa’s Minister of International Relations and Cooperation, Ronald Ramola, from the ongoing court case surrounding the former president’s burial.
Mr. Kabesha had initially added Minister Ramola as the ninth respondent in a legal action aiming to have Mr. Lungu’s remains repatriated to Zambia for burial, in accordance with state protocols. Other respondents include former First Lady Esther Lungu, six family members, family spokesperson Makebi Zulu, and Two Mountains mortuary, where the remains are being kept following Mr. Lungu’s death on June 5 in South Africa.
However, Mr. Kabesha later sought to amend court documents to remove Mr. Ramola from the proceedings—a move now being opposed by the Lungu family. Esther Lungu and others argue that Ramola’s inclusion is critical for the court to understand the official stance of the South African government on matters related to control over a deceased person’s remains within its jurisdiction.
“The relief sought by the Applicant implicates international relations and protocol,” Ms. Lungu stated, emphasizing that Ramola is a key and necessary party to clarify South Africa’s position. She also accused Mr. Kabesha of attempting to remove the Minister improperly, without following the correct legal procedure, thereby rendering the application procedurally flawed.
On the matter of jurisdiction, the Lungu family insists that South African law must prevail, as the country has legal authority over what happens to a deceased person within its borders. Ms. Lungu argues that next of kin—not foreign governments—have the right to decide where and how a deceased person is buried unless an explicit legal agreement exists between the two nations.
She further noted that the Zambian Government has not demonstrated any legal right to override her family’s wishes and emphasized that President Lungu had been reluctant to return to Zambia prior to his death. As such, she maintains that his human rights and the supremacy of the South African Constitution—particularly its Bill of Rights—must take precedence in this case.
