THE High Court will today rule on the urgent chamber application by the late Michelle “Moana” Amuli’s mother to nullify a burial order issued last week.
Moana’s mother, Yolanda Kuvaoga sought to stop the
deceased’s father, Ishmael Amuli from proceeding with burial at Warren Hills in
line with his Islamic beliefs.
Had it not been for the court action, burial would have
proceeded on Friday. Under the Islamic way, women are not allowed during the
burial process.
Amuli and the Registrar of Births and Deaths are cited as
respondents while Yolanda is also seeking to have Zororo Cemetery on the
outskirts of Harare along Seke Road as the burial place.
Justice Pisirai Kwenda will hear oral arguments from the
parties. According to the court papers, Yolanda argues that Amuli was being
dishonest with regards to Moana’s burial.
“On 18 November, Kuvaoga and Amuli agreed that the deceased
would be buried at Zororo Cemetery in the presence of her relatives, including
Kuvaoga, her sisters and other family members.
“On 19 November, Amuli unilaterally obtained a burial order
in my absence when at all material times we had always agreed on the funeral
arrangements.
“Amuli advised me that the deceased would be buried
according to the rites of Islam in my absence, contrary to what we had agreed.
“Amuli stated that I would be excluded from the funeral
gathering, which would be unacceptable as I am the mother of the deceased and
loved her dearly.”
Yolanda is also basing her fight on the fact that Moana was
no longer living an “Islamic life”. “More fundamentally, the deceased had
remote ties to Islam as evidenced by her lifestyle, which was more secular.
“The deceased was a popular personality with huge
following, apparently it would be unfair not only to me but to other people and
relations who knew her personality.”
Meanwhile, Yolanda on Friday threatened to undress in
protest against taking the body of Moana to a Moslem church.
“Nhasi ndatouya ndakapfeka kataiti kane maresi mukati
ndakamirira kuti vakangoendesa mwana wangu kuchurch yeMoslem ndaisvikobvisa
hembe nekuti mwana anga asisaende kuMoslem,” she said.
“Moana had since stopped following that religion and
everyone could see it from her dressing and clubbing.
“More so she died while coming from a night club, taking
her body to a Moslem church is violation of the late’s rights as well as
fighting me in the name of religion.
“He met me in a pub and by that time I was 15 years when I
got pregnant and I want to believe he is the first to abuse me to be wild but
today he wants to claim to be an ardent follower of Moslem religion.
“Moana died aged 26 and I am 41 years old, if you calculate
our age differences it clearly shows that I gave birth at a tender age,” she
said. Amuli is being represented by Ashiel Mugiya, who told H-Metro on Friday
that they would contest the application. “We have opposed the matter and it has
been postponed to Monday for argument. The court has invited the parents of the
deceased to give oral evidence.
“So we are happy that, at least, the court has stopped the
mother from removing the body without a valid court order and we believe that
it is improper for the mother to seek to bar the father…” H Metro
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