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Mugabe's children win court battle over grave inspection
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Former President Robert Mugabe's children, Bona, Tinotenda, and Chatunga, have secured a legal victory after Chinhoyi magistrate Kudzanai Mahaso barred a Zvimba headman from conducting an inspection of Mugabe's grave as part of a legal bid to exhume his remains.
The case, initiated by Headman Tinos Manongovere, sought to inspect the gravesite at Mugabe's Kutama homestead, claiming the burial contravened Zvimba cultural traditions. However, Mugabe's children opposed the application, arguing it lacked procedural and substantive compliance.
Magistrate Mahaso ruled that Manongovere's application was procedurally defective, noting his failure to submit a properly commissioned founding affidavit to support his request for an inspection in loco. The ruling emphasized that such affidavits are essential to outline the basis for such applications.
"Failure to file a founding affidavit is a fatal flaw that can lead to the application being struck off the roll," Mahaso said. He further stated that an inspection in loco is not automatic and remains at the court's discretion, especially when private property is involved.
Manongovere argued that Mugabe's burial inside a fortified structure at his homestead violated Zvimba customs, which prohibit burials inside homes. He claimed an inspection in loco was crucial to verify whether Mugabe was buried inside a house.
However, the court ruled that the inspection could infringe on the family's property rights and privacy. "Entering someone's property without permission amounts to trespass," Mahaso stated, adding that alternative means, such as witness testimony, could resolve the factual dispute.
Magistrate Mahaso underscored the constitutional right to privacy, which protects individuals from arbitrary interference with their home or family. "The right to privacy is essential in consideration of an application for inspection in loco," he said, affirming that such inspections require the full consent of property owners.
Mugabe, Zimbabwe's longtime ruler, was buried at his homestead in Kutama after the family rejected burial at the National Heroes Acre, where a mausoleum had been prepared for him. The family fortified the gravesite to prevent exhumation amid a legal and cultural tussle over his final resting place.
A previous court inspection in loco had already been conducted at Kutama village, where other Mugabe family members are buried, but the magistrate ruled against extending it to the private gravesite.
The ruling highlights the delicate balance between cultural practices, legal procedures, and constitutional rights. While the case over Mugabe's burial remains unresolved, the court's decision reinforces the family's control over his final resting place and underscores the importance of procedural rigor in legal disputes.
The case, initiated by Headman Tinos Manongovere, sought to inspect the gravesite at Mugabe's Kutama homestead, claiming the burial contravened Zvimba cultural traditions. However, Mugabe's children opposed the application, arguing it lacked procedural and substantive compliance.
Magistrate Mahaso ruled that Manongovere's application was procedurally defective, noting his failure to submit a properly commissioned founding affidavit to support his request for an inspection in loco. The ruling emphasized that such affidavits are essential to outline the basis for such applications.
"Failure to file a founding affidavit is a fatal flaw that can lead to the application being struck off the roll," Mahaso said. He further stated that an inspection in loco is not automatic and remains at the court's discretion, especially when private property is involved.
Manongovere argued that Mugabe's burial inside a fortified structure at his homestead violated Zvimba customs, which prohibit burials inside homes. He claimed an inspection in loco was crucial to verify whether Mugabe was buried inside a house.
Magistrate Mahaso underscored the constitutional right to privacy, which protects individuals from arbitrary interference with their home or family. "The right to privacy is essential in consideration of an application for inspection in loco," he said, affirming that such inspections require the full consent of property owners.
Mugabe, Zimbabwe's longtime ruler, was buried at his homestead in Kutama after the family rejected burial at the National Heroes Acre, where a mausoleum had been prepared for him. The family fortified the gravesite to prevent exhumation amid a legal and cultural tussle over his final resting place.
A previous court inspection in loco had already been conducted at Kutama village, where other Mugabe family members are buried, but the magistrate ruled against extending it to the private gravesite.
The ruling highlights the delicate balance between cultural practices, legal procedures, and constitutional rights. While the case over Mugabe's burial remains unresolved, the court's decision reinforces the family's control over his final resting place and underscores the importance of procedural rigor in legal disputes.
Source - newsday
