THE late former President Robert Mugabe’s family has warned traditional leaders to stop “playing with fire” by pushing for the exhumation of their father’s remains from his Zvimba rural home for reburial at the National Heroes Acre in Harare.
The family through its lawyer Advocate Tawanda Zhuwarara is
challenging village head Tinos Manongovere’s push for the exhumation of the
late statesman who died in 2019, two years after he was booted out of office in
a coup.
Manongovere filed a complaint before Chief Zvimba’s
traditional court last year saying Mugabe was “improperly” interred in a
courtyard.
Manongovere’s request was upheld by the chief who then
convicted First Lady Grace for contempt of court and ordered her to pay five
cows and two goats to the traditional court.
Mugabe’s three children —
Bona, Bellarmine Chatunga and Robert Jnr — appealed the ruling at the
Chinhoyi Magistrates Court. Magistrate Ruth Moyo, however, dismissed the
appeal, saying the trio had no locus standi to file an appeal as they were not
cited as respondents at the chief’s court.
Grace then launched an appeal, saying her children were
entitled to appeal against their father’s reburial.
In their High Court appeal, Mugabe’s children argued that
the Chinhoyi magistrate misdirected herself at law.
“The magistrate ignored the locus standi of Bona and
siblings in this matter. They are the only heirs as such. The appellants being
sons and daughter of Mugabe had locus standi to approach the magistrate on a
notice of appeal to set aside the determination by Manongovere,” Zhuwarara
submitted.
“Only the heirs are authorised to act when it comes to the
question of burial, burial rights or location. The appeal ought to be heard in
the court aquo because it has to be determined whether Manongovere had
authority to determine the burial issue.
“Section 26 of the Burial Act says it is criminal to
interfere with a grave so it is important that Moyo deals with this matter
because her court has jurisdiction. She has to rehear the matter and determine
if the respondent was entitled to order the exhumation of Mugabe.”
According to the section, anyone who wilfully destroys or
causes to be done any damage, defacement or disfigurement to any monument,
vault, tombstone or grave whether within or without a cemetery shall be guilty
of an offence and liable to a fine not exceeding level five or to imprisonment
for a period not exceeding six months or both.
Mugabe died in Singapore in September 2019 while receiving
treatment at a private hospital.
He was buried in the family courtyard at Kutama in Zvimba,
his rural home after the family resisted attempts to have him interred at the
national shrine in Harare. Newsday
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