COURT: What was the wish of the deceased?
LAWYER: Esther Lungu wants the body to be buried here.
✅✅ INTELLIGENT RESPONSE
South African Law recognizes the WISHES of the Family and ❌NOT the wishes of the Deceased.
So while the family lawyer’s response may seem INDIRECT, it was actually LEGALLY strategic.
Under South African law, the family’s wishes carry MORE legal weight than the personal wishes of the deceased—especially in burial disputes. Had the lawyer emphasized the deceased’s desire to be buried in Zambia, the court might have DISMISSED it in favor of any claim from immediate family wanting otherwise.
By citing Esther Lungu, the widow and NEXT of kin, the lawyer wisely anchored the burial preference in the legally recognized FAMILY WILL.
This made the argument more PERSUASIVE and compliant with South African legal standards.