You Cannot Rely on Historical Fact Alone! Show Us the Evidence” – SA Supreme Court Tells Zambian Government Lawyer The Supreme Court justices have asked the lawyer representing the Zambian Government in the Legal battle between the LUNGU family and the Government of Zambia for evidence over burial rights and the role of customary law […]

You Cannot Rely on Historical Fact Alone! Show Us the Evidence” – SA Supreme Court Tells Zambian Government Lawyer

The Supreme Court justices have asked the lawyer representing the Zambian Government in the Legal battle between the LUNGU family and the Government of Zambia for evidence over burial rights and the role of customary law versus state authority.

“You cannot simply say ‘this is how it has always been done’ and expect that to pass as law. In a constitutional democracy, evidence and legal justification must lead not history by itself,” the lawyer said.

“It’s not enough to say they were buried in accordance with the customs. We need to know what those customs were.”

“So you rely solely on, effectively solely on the Kaunda matter for evidence of the customs and practices. Is that correct?”