Masedza is
known by the legion of apostolic sect members as Johane Masowe.
This decision
heralds a significant legal and spiritual victory for Magaga and Reuben
Masedza, granting them the authority—within the parameters of established legal
frameworks—to honour their father’s legacy and memory in accordance with their
familial and cultural obligations.
The case
stemmed from a protracted and bitter dispute with a faction of the Gospel of
God Church, which had resolutely barred the Masedza brothers from accessing
their father’s gravesite at Gandanzara Shrine in Makoni, a sacred burial place
near Rusape.
Baba Johane, a
revered religious figure and spiritual guide to millions, passed away in Zambia
on September 14, 1973, at the age of 59. His remains were later repatriated to
what was then Rhodesia (now Zimbabwe) and interred at the shrine.
Efforts by the
High Court in 2017 to mediate the feud by granting both sides equal access to
the burial site proved futile, as hostilities persisted unabated. The Masedza
brothers’ application asked the court to determine two critical questions:
whether they had the legal right to exhume their father’s remains and whether
the court could order such an exhumation.
Justice Tawanda
Chitapi, in his judgment, upheld the brothers’ right to exhume their father’s
remains, subject to compliance with statutory procedures, but declined to grant
the consequential relief of directly ordering the exhumation.
“The applicants
have a right to exhume the remains of the late Johane Masowe Shoniwa Masedza,
which are buried at Gandanzara Shrine, Rusape, subject to their following due
process,” ruled Justice Chitapi.
The judge
further clarified that the declaratory relief granted did not, in and of
itself, authorise immediate exhumation but instead required adherence to the
procedural dictates outlined in the Cemeteries Act.
Justice Chitapi
emphasised that the applicants’ cultural and familial assertions were
well-founded, noting their insistence that it was both a traditional and moral
obligation for children to bury their parents, maintain access to their graves,
erect tombstones, and preserve such burial sites as enduring family heritage.
The brothers’
legal counsel, Advocate Lewis Uriri, instructed by Mr Nickiel Mushangwe, argued
that the denial of access to their father’s burial site had caused grave
prejudice, severing their connection with their late father’s remains.
Advocate Uriri
submitted that Baba Johane, a devout worshiper of God, would not have wished
his grave to become a symbol of worship, a shrine for idolatry, or a source of
benefit for leaders of the Gospel of God Church.
Opposing the
application, the Church’s Deputy President, Erica Office, represented by
Advocate Silvester Hashiti, argued that the deceased had expressed wishes to be
buried at the Gandanzara Shrine and dismissed the application as frivolous,
citing the passage of over 20 years since his death.
The judge
observed that the parties had been embroiled in related litigation over the
years, which explained the delay in bringing the current application.
Mr Mushangwe
hailed the ruling as “epochal,” describing it as a momentous decision with
far-reaching implications beyond the mere administration of justice.
“This ruling
brings joy, relief, and a clear pathway to resolve the pernicious problem of
children fighting for the right to honour their parents in death. It also
carries spiritual significance, as it involves one of Africa’s religious
luminaries,” he said.
While the
court’s order is declaratory and does not directly mandate the exhumation, it
provides the siblings with the legal clarity and authority needed to proceed
within the confines of statutory requirements.
Justice
Chitapi’s judgment underscores the importance of balancing cultural
imperatives, legal procedure, and the sanctity of burial sites, while
reaffirming the judiciary’s role as the ultimate arbiter in matters of justice.
This ruling not
only restores the dignity of the Masedza family but also serves as a poignant
reminder of the enduring bond between family, tradition, and the law.
It lifts the
shadow of conflict that had long loomed over Baba Johane’s final resting place,
enabling his children to honour his memory in peace and unity.
Since 1932,
when Shonhiwa Masedza, later known as Johane Masowe, received his divine call
to the prophetic ministry, the Gospel of God Church has been synonymous with
worship in open spaces, a practice that became its enduring hallmark.
Magaga now 77
years old, stood on the precipice of triumph after enduring a grueling 52-year
legal and emotional battle to access his father’s burial site.
His voice,
heavy with both exhaustion and relief, trembled as he reflected on the journey.
“This journey was unbearably tortuous, but we are happy that finally, justice
has prevailed while we are still alive,”
he said.
For Magaga and
other family members, this victory is not merely a legal milestone, but a
deeply personal and spiritual reclamation of their heritage. Herald
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