SA ConCourt dismisses the Lungu family application
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The Constitutional Court of South Africa has dismissed an application by the Lungu family seeking to appeal against a High Court order to repatriate the body of former president Edgar Lungu back to Zambia.
According to an order by the Constitutional Court seen by Zambian Eye, the application had made no case to be entertained.
The move to appeal halted the High Court proceedings that was due to hear the application to seek leave to apply.
And Zambian Eye Blogger Joey Jawadu gives an insights of the case:
It means the Constitutional Court (CC), South Africa’s highest court, has closed a shortcut that the applicant (likely the State) was trying to take. The applicant’s case has been stopped at the first hurdle and must now follow the normal, longer path through the court system, if it can.
Detailed Explanation
1. The “Direct Appeal” They Requested
Normally, a case travels up through the court hierarchy:
1.High Court (the first court to hear a major case)
2.Supreme Court of Appeal (SCA) (hears appeals from the High Court)
3.Constitutional Court (the highest court for constitutional matters)
A “direct appeal” (or “leapfrog appeal”) is a request to skip the Supreme Court of Appeal entirely and go straight from the High Court to the Constitutional Court.This is very rare.
2. Why the Court Refused It
The Constitutional Court only allows a direct appeal under exceptional circumstances. The applicant must prove that:
It is in the interests of justice to hear the matter directly.
The case raises a novel and important point of law of general public importance that only the CC can resolve. There is a reasonable prospect of success on the merits of the appeal.
By saying “no case has been made out for a direct appeal,” the CC is declaring:
The applicant failed to convince them that this case is so urgent or unique that it justifies skipping the SCA.
The normal appeals process should be followed.
3.What Happens Next
The High Court’s original decision stands for now.If the applicant lost in the High Court and was trying to appeal that loss directly to the CC, that loss remains in effect.
The applicant’s main option now is to appeal to the Supreme Court of Appeal (SCA) in Bloemfontein. They must start that process from the beginning.
If they lose at the SCA, they could then try to appeal to the Constitutional Court, but they would have to prove the case involves a constitutional matter.
