08/09/2025
Mrs lungu has the rights to buy ECL where ever she wants _ family lawyer
The Lungu family lawyer presented a comprehensive argument regarding the burial arrangements for former President Edgar Lungu, challenging the government's claim that it has a right to dictate the burial process. The lawyer's argument is multifaceted, addressing various aspects of Zambian law, the country's legal history, and the specific circumstances surrounding President Lungu's death.
The lawyer began by highlighting the complexity of Zambian law, which has evolved over time. Zambia's legal system has been influenced by both Roman-Dutch law and English law, making it a unique jurisdiction. The lawyer noted that at some point, Zambia followed the Roman-Dutch system during the Rhodesia era, and later adopted elements of English law. This blend of legal influences raises questions about the applicability of Zambian law in determining the burial arrangements for President Lungu.
The lawyer emphasized that both Roman-Dutch and English law agree that human remains are outside contractual agreements. According to the lawyer, this principle is crucial in determining the burial arrangements for President Lungu. The lawyer cited authorities such as Blackstone, who is a main authority on English common law, and Voet and Hugo Grotius, who are prominent figures in Roman-Dutch law. These authorities, the lawyer argued, support the notion that the spouse has the right to decide on burial arrangements.
The lawyer also emphasized that the Zambian Constitution protects individual rights like privacy, dignity, and equality. These rights, the lawyer argued, would have applied to President Lungu and his family. The lawyer noted that the Constitution is supreme, and its provisions would take precedence over any other law or tradition.
The lawyer distinguished the current case from a previous court decision (Kaunda), arguing that President Lungu had lost his presidential benefits before death. This distincti
