A COVID-19 patient has taken the government to court contesting recent burial restrictions as he claims they would violate his cultural beliefs in the event that he dies and is not buried at his rural home.
This comes
after the ministry of Health on January 11 imposed restrictions on the movement
of Covid-19 victims and directed that a body should be buried in the city where
death would have occurred.
Darlington
Marange, who is in isolation at his Harare home after testing positive for
Covid-19, told the court that he comes from Mutare and his African traditional
beliefs demand that he should be buried in his rural home in Marange.
He cited Health
minister and Vice President Constantino Chiwenga, Police Commissioner General
Godwin Matanga and Home Affairs minister Kazembe Kazembe as respondents.
He wants an
order for the burial restrictions to be declared unconstitutional and
enforcement of the press statement, which carried the said order, to be
suspended. In the application filed before the High Cou rt by Zimbabwe Human
Rights NGO Forum on behalf of Marange, he submitted that his beliefs regard the
send-off into the after world as a deeply important and sacred act which should
follow certain cultural dictates.
“In my family
line, which is of royal blood, all male family members are supposed to be
buried in Mount Makomwe in Marange where all my forefathers have been buried
since time immemorial.
“It is of
critical importance to me that my body should be transported for burial to this
mountain when I die,” he said. Marange argued that Chiwenga’s directive was
unconstitutional and should be regarded as nothing more than a press statement
which had no force.
“As far as I
believe, press statements cannot so fickly take away constitutionally
guaranteed rights. “The press statement is unlawful for want of compliance with
the law. “The first respondent (Chiwenga) has no authority to deny that legal
right through press statements as he has done and then ask the police to
enforce it,” argued Marange.
Marange said
since January 11, when he tested positive for Covid-19, he has been battling
symptoms which include acute chest pains and weak muscles which he fears may
result in death.
“If this
directive persists, I stand to be buried contrary to my deeply sacrosanct
cultural beliefs and practices. “This violates the very fabric of my person and
my constitutionally protected rights to freedom of conscience and human
dignity.” Daily News
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