In this video, Gambakwe discusses the ongoing legal case of former Zambian President Edgar Lungu. The judgment in the case is not yet ready, but there is a heavy police presence at the court as Lungu’s supporters await the verdict. Gambakwe states that Lungu is facing charges of corruption and abuse of office, which he denies. The video highlights concerns about Lungu’s health and suggests that the trial is a test of Zambia’s commitment to democracy and the rule of law.

As the Intervening Party in the case of the Government of the Republic of Zambia vs. Esther Lungu & 8 Others, Vincent Kafula has put forth a settlement proposal to the High Court of South Africa, Gauteng Division, Pretoria. The case, with the number 2025-096565, concerns the burial of the late former President Edgar Chagwa Lungu.

The proposal outlines several key points:

1. Settlement Rationale

  • Kafula states that the dispute, regarding the repatriation of Lungu’s remains to Zambia for a state funeral, has no winners and could tarnish Zambia’s image if the family’s wish for a burial in South Africa is granted.
  • He argues that a burial in South Africa would tarnish Zambia’s image and Lungu’s legacy.
  • The proposal aims to respect the family’s rights and address their concerns about persecution while ensuring a dignified burial in Zambia.
  • Kafula also dismisses claims of bribing a judge, noting that a single judge’s ruling is not final and could be appealed all the way to the Constitutional Court of South Africa.

2. Proposed Actions

  • Extension of Interdict: Kafula proposes a 30-day extension of the interim interdict that suspended Lungu’s burial in South Africa. This would allow time to petition the Constitutional Court of Zambia to address the family’s fears of persecution and secure assurances.
    • Petition to the Constitutional Court of Zambia: Kafula plans to file an urgent petition to seek relief including:
      • Declaring the Former Presidents Benefits Act unconstitutional for prohibiting former presidents from political participation.
      • An interdict to restrain the Zambian government from further persecution or unjust legal proceedings against the Lungu family.
      • Declaring the forfeiture of the Lungu family’s properties unconstitutional and ordering their restoration or compensation.
      • Declaring specific provisions of the Public Order Act, Cyber Security and Cyber Crimes Act, and the Penal Code as unconstitutional for infringing on fundamental rights.
      • Government Undertaking: The proposal requests that the government cooperate with the Constitutional Court proceedings and refrain from any actions that could prejudice the family’s rights.

    3. Burial and Financial Arrangements

    4. Additional Terms

    Withdrawal of Application: The government would withdraw its application to strike out portions of the respondents’ answering affidavit.

    Legal Costs: Each party would bear its own legal costs in the South African High Court proceedings, but the government would cover Kafula’s costs for the Constitutional Court petition in Zambia.

    Dispute Resolution: Any future disagreements on the settlement’s implementation would be handled through good-faith mediation

     

    Burial in Zambia: If the Constitutional Court provides the requested relief, the Lungu family would agree to repatriate the remains for a dignified burial at Embassy Park in Lusaka. The government would respect the family’s wishes regarding the attendance of the current president at the funeral.

    Financial Coverage: The Zambian government would agree to cover all costs for the repatriation and burial, including transportation, accommodation, and other reasonable expenses for the Lungu family and mourners. It would also reimburse costs incurred by mourners on June 25, 2025.

    Restoration of Benefits: The government would provide a written undertaking to restore the late former president’s pension benefits.

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