FORMER First Lady Grace Mugabe has broken her silence over a ruling by a traditional court that ordered that the remains of her late husband and former President Robert Mugabe should be exhumed and reburied at the national shrine.
Grace, through her lawyers from Chimwamurombe Legal
Practice, wrote to Chief Zimba, born Stanley Wurayayi Mhondoro on June 2,
challenging his order for Mugabe’s remains to be exhumed from his rural Zvimba
home and be properly buried at the National Heroes’ Acre in Harare by July 1
this year. The chief found her guilty of breaching customary procedures and
fined her six beasts.
In her application filed at the Chinhoyi Magistrates Court
on June 4, Grace argued that the manner in which the matter was handled by
Chief Zvimba’s traditional court was defective.
“The above subject refers and we act on Mrs Grace Mugabe,
kindly note our interest herein,” they argued, adding: “Further to the plethora
of identified legal restrictions that Chief Zvimba faced, the summonses were
not even served in the required manner by the rules of the court.”
“… that a summons must only be served on a defendant or
responsible person at their residence or place of work within the physical
boundary of the court’s jurisdiction. The summons that formulated the basis of
this correspondence were served at our client’s residential home in Borrowdale
in Harare.”
“The judgment has several penalties or orders which expect
compliance by July 1, 2021. Having had sight of the referenced judgment, we
have identified critical procedural and substantive law defects that must be
corrected by this court to attain real and substantial justice in the judicial
process and additionally rein in the community court presiding officer from
overstretching their lawful operation as a judicial officer,” the lawyers said.
Grace said the complainant, Tinos Manongovere did not
sufficiently identify himself to appropriately be placed as a suitable
plaintiff in the local court.
“There is no information that has been provided to show the
substantial legal interest that fits with the plaintiff, thereby, prompting him
to approach the court vis-à-vis the aforementioned choice of law process.”
“The summons issued on April 29 by the chief already
carried a sentence of five cattle and one goat. This was made before the
attendance and later on conviction of Grace Mugabe. The ultimate hearing was,
therefore, manifestly biased since the sentence was already predetermined,”
they submitted.
The lawyers further claimed that Chief Zvimba failed to
observe one of the cardinal principles of natural justice by making an order
directing the disposal of property that belonged to the estate of the late
Mugabe in the absence of the lawful custodian of such property.
Mugabe is believed to have properties in Harare, Bulawayo,
Chinhoyi and Singapore.
Mugabe’s nephew Patrick Zhuwao recently sensationally
claimed on South African broadcaster, Sabc that the former strongman’s ex-right
handman believed that Mugabe was buried with a mystical sceptre that would give
him commanding authority as a leader.
Two days ago, Mugabe’s three children, Bona Mutsahuni
Mugabe (executor of the estate of the late Mugabe), Bellarmine Chatunga Mugabe
and Tinotenda Robert Mugabe argued that Chief Zvimba acted outside his
jurisdiction when he approached the village court to summon their mother over
allegations that she broke traditional norms when she buried the former
President.
In their court application, they stated that they felt that
Chief Zvimba should not have heard the case in the first place as it was
outside his jurisdiction, adding that government was also involved during Mugabe’s
burial in Zvimba in September 2019. Newsday
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