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Mugabe exhumation: Grace loses court case
21 Sep 2021 at 21:38hrs | Views
FORMER First Lady Grace Mugabe suffered another blow as a Chinhoyi magistrate threw out her bid for judicial review of Chief Zvimba's ruling ordering the exhumation of the late former President Robert Mugabe's remains.
Chief Zvimba in May ordered the exhumation of Mugabe's remains for reburied at the National Heroes Acre.
Grace, who was in Singapore, gave her daughter Bona, powers of attorney to represent her in the court case to have the chief's judgment reviewed on technicality.
The former First Lady want-ed Chief Zvimba's order to be suspended because he served the papers at Mugabe's Borrowdale mansion instead of his rural Zvimba home. She also wanted the ruling to be suspended on the grounds that the chief ordered her to pay a fine with cattle that are not in his area of jurisdiction. Grace also questioned the chief 's jurisdiction over the matter.
But yesterday, Chinhoyi magistrate Ruth Moyo said Bona had no right to apply for judicial review of the ruling that was handed down by Chief Zvimba in the case between Grace and Tinos Manongovere.
This is the second defeat for the Mugabe family.
Early this month, Moyo dismissed an application by Mugabe's children, Bona, Tinotenda Robert Jnr and Bellarmine to suspend Chief Zvimba's ruling.
Mugabe's children have since appealed against Moyo's ruling.
"An application must be deposed on the basis of the funding affidavit' in casu, the court has a determination that when Bona Mutsahuni filed the founding affidavit, she had no authority at law to do so," part of Moyo's ruling read.
"The special power of attorney was executed on July 27, 20 days after the application was filed and has no retrospective effect. The court will not deal with all other points."
Grace's lawyer Fungai Chimwamurombe said they were not happy with the ruling and would appeal.
"Obviously, we are not happy with this ruling as it disregards the power of attorney given to Bona by her mother since she was out of the country," Chimwamurombe said.
Mugabe died in September 2019 and was buried at his Kutama rural home after the family stood its ground against President Emmerson Mnangagwa's government that wanted him to be buried at the national shrine.
Chief Zvimba in May ordered the exhumation of Mugabe's remains for reburied at the National Heroes Acre.
Grace, who was in Singapore, gave her daughter Bona, powers of attorney to represent her in the court case to have the chief's judgment reviewed on technicality.
The former First Lady want-ed Chief Zvimba's order to be suspended because he served the papers at Mugabe's Borrowdale mansion instead of his rural Zvimba home. She also wanted the ruling to be suspended on the grounds that the chief ordered her to pay a fine with cattle that are not in his area of jurisdiction. Grace also questioned the chief 's jurisdiction over the matter.
But yesterday, Chinhoyi magistrate Ruth Moyo said Bona had no right to apply for judicial review of the ruling that was handed down by Chief Zvimba in the case between Grace and Tinos Manongovere.
This is the second defeat for the Mugabe family.
Mugabe's children have since appealed against Moyo's ruling.
"An application must be deposed on the basis of the funding affidavit' in casu, the court has a determination that when Bona Mutsahuni filed the founding affidavit, she had no authority at law to do so," part of Moyo's ruling read.
"The special power of attorney was executed on July 27, 20 days after the application was filed and has no retrospective effect. The court will not deal with all other points."
Grace's lawyer Fungai Chimwamurombe said they were not happy with the ruling and would appeal.
"Obviously, we are not happy with this ruling as it disregards the power of attorney given to Bona by her mother since she was out of the country," Chimwamurombe said.
Mugabe died in September 2019 and was buried at his Kutama rural home after the family stood its ground against President Emmerson Mnangagwa's government that wanted him to be buried at the national shrine.
Source - newsday
