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Tembeka Nicolas Ngcukaitobi, your legal reputation could be on the line!

4 hrs ago | Views
Having had the Lungu case decided conclusively in court by three judges, a sudden twist of events followed immediately after the ruling. The Lungu family must have prepared themselves for both outcomes - that they might win or lose. Bitterly, they lost. They rushed to make an appeal, arguing that there were several omissions and commissions in the judgment delivered on the 4th of August.

This case is draining emotions across the SADC region. It can no longer be treated as a normal circumstance. Evidently, there is more to investigate - both in and outside the courts in South Africa. My humble suggestion is this: South African courts are meddling too much in a legal case that is not in their jurisdiction.

The former president of Zambia came to South Africa for medical reasons, but sadly, he died. The South African government should have simply facilitated the repatriation of Mr. Lungu's body to Zambia, so that he could be given the dignity of a former head of state - on Zambian soil, as is right.

But the Lungu family will only want the case closed if they win. If not, they will fight harder to tilt it in their favour. They dismissed their lawyer and brought in a South African legal mind, hoping to secure what they call a clean win. And for them, that win means the late Lungu being buried in South Africa.

There is politics at play. There are traditions at play. There are rituals at play. And there are deep suspicions at play - surrounding the body of former president Lungu. The hearse must not be opened for identification. Why? Because the Zambian state is suspicious. Is the person inside the hearse really Advocate Lungu - or someone else? The hospital where he supposedly died denies that any Zambian died there that day. Yet, they have documents showing that a Zimbabwean passed away on that date.

The catch is this: why is the Zambian government not investigating how Lungu could have had conflicting foreign documents, instead of leaving us with endless inconsistencies?

The Zambian government must first establish the identity of the body. Is it really Edgar Lungu, the former president of Zambia? Access to his remains must be the prerogative of the Zambian government. The reason he came to South Africa for medical treatment must also be clarified. This is not a matter for a South African court to deliberate on. It is a domestic issue that belongs to Zambia. His remains and all decisions surrounding his burial should be owned entirely by Zambia - without foreign interference.

But instead, there are suspicious and clandestine activities surrounding the case. The mortuary categorically denies receiving a person by the name of Lungu. So, where are his remains? Is Edgar alive, and hiding? If so, for how long?

It could be that both the family and the Zambian government are fighting over a body that may already have been clandestinely cremated, to conceal vital evidence. How did Edgar Lungu die? That is the burning question. If the government manages to identify the body, that would automatically reveal the cause of death. Was he killed by a syndicate? Rumour has it Lungu was entangled in drug trafficking - a syndicate that may have eliminated him to cover their tracks.

President HH is exercising caution, and for good reasons. HH is a noble man, full of the milk of human kindness. Under normal circumstances, he could have used this moment as a political payday - to crush Lungu, even in death. But he has chosen to act with humanity. *Ubuntu* must guide us all, and HH is demonstrating it in both words and deeds - reaching out to the bereaved family, even at the risk of criticism at home.

And again, if rumour is to be believed, the Lungu story is far from over. It will not end with his burial. It will mark the beginning of long, drawn-out investigations that will stretch for years. Stories will continue to flood social media across the SADC region. Serious criminal allegations surround the Lungu family. He amassed wealth on a scale unprecedented in Africa - dwarfing even Mobutu Sese Seko of Zaire.

In South Africa, in Eswatini, and in Zambia, Lungu bought estates far, far beyond his pay grade. Right now, it is said he owned 150 luxury cars, worth millions of US dollars, allegedly for the coming 2026 elections. A Congolese man, sitting in a Spanish prison, was arrested with 200 million US dollars and hundreds of pounds of cocaine.

Rumour has it this man was meant to travel to South Africa with Lungu, but instead absconded with the money to Europe. That story is still waiting to be unpacked. The man reportedly knows a lot about Lungu's dealings. Using multiple passports, he is said to have transferred millions into South Africa, buying luxury homes now belonging to him and his daughter. That money was stolen from Zambia's national revenues. The question is, how much more was siphoned off through drug trafficking?

These cases will surely come to light after Lungu's burial. No stone will be left unturned. If handled properly, this case could set a precedent for bringing African presidents to account for billions stolen from their people and stashed shamelessly in foreign banks.

Now, where does Tembeka Nicolas Ngcukaitobi come in? I would advise him to recuse himself. This case is wrapped in criminality - drug trafficking and money laundering. Tembeka is a brilliant legal mind, no doubt. But in the Lungu case, he is stretching his expertise too far. His legal gifts should serve humankind, as they did at The Hague, when he presented the Gaza–Israel genocide case with eloquence.

How will he argue in the Constitutional Court for the Lungu family to win? Some cases should not be about remuneration, but about humanity. Payments for his services in this case could easily come from laundered money or drug money. Is Ngcukaitobi comfortable with such sources? That could hurt him in ways he does not expect.

I am deeply concerned about his active involvement in arguing the Lungu case. My advice is not from a "learned" legal brain, but from my gut. I trust my stomach more than my brain. I advise him because I care. He could be my son, considering his age.

Source - Nomazulu Thata
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