Johane Masowe's remains to be exhumed

The High Court has issued a declaratory order affirming the inalienable rights of Peter Jack Masedza's children to exhume and rebury their father's remains, 50 years after his passing.

Masedza, widely known among apostolic sect members as Johane Masowe, was a revered religious figure whose influence extended to millions of followers. This ruling marks a significant legal and spiritual victory for Magaga and Reuben Masedza, granting them the authority - within the confines of legal frameworks - to honour their father's memory in accordance with familial and cultural traditions.

The case arose from a long-standing dispute with a faction of the Gospel of God Church, which had barred the Masedza brothers from accessing their father's gravesite at Gandanzara Shrine in Makoni, a sacred burial place near Rusape.

Baba Johane, who founded the Gospel of God Church and popularized worship in open spaces, passed away in Zambia on September 14, 1973, at the age of 59. His remains were repatriated to what was then Rhodesia (now Zimbabwe) and interred at the shrine.

A previous High Court attempt in 2017 to mediate the dispute by granting equal access to both parties proved unsuccessful, with tensions remaining high. In their recent application, the Masedza brothers sought a determination on two key issues: their legal right to exhume their father's remains and whether the court could issue an order mandating the exhumation.

In his ruling, Justice Tawanda Chitapi upheld the Masedza brothers' right to exhume their father's remains, provided they adhered to statutory procedures, but declined to issue a direct order compelling 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.

He further clarified that the declaratory relief granted did not automatically authorize the exhumation but required compliance with procedural requirements outlined in the Cemeteries Act.

Justice Chitapi acknowledged the cultural and familial significance of the case, emphasizing that children have both a traditional and moral obligation to bury their parents, maintain gravesites, and ensure their heritage is preserved.

Advocate Lewis Uriri, representing the Masedza brothers and instructed by Mr Nickiel Mushangwe, argued that the denial of access to their father's burial site had caused deep distress, severing their spiritual and emotional connection with his remains.

Uriri contended that Baba Johane, a devout worshipper of God, would not have wished for his grave to become an object of worship, a shrine for idolatry, or a source of personal gain for Gospel of God Church leaders.

On the opposing side, the Church's Deputy President, Erica Office, represented by Advocate Silvester Hashiti, dismissed the application as frivolous, citing the passage of over 50 years since Baba Johane's death. Hashiti further argued that the deceased had expressed his wish to be buried at the Gandanzara Shrine, making the exhumation unnecessary.

Mr Mushangwe hailed the ruling as "epochal," describing it as a momentous decision with implications beyond the mere administration of justice.

"This ruling brings joy, relief, and a clear pathway to resolve the longstanding 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.

For Magaga Masedza, now 77 years old, the ruling is the culmination of a grueling 52-year legal and emotional struggle to access his father's burial site.

"This journey was unbearably tortuous, but we are happy that finally, justice has prevailed while we are still alive," he said, his voice heavy with emotion and relief.

While the ruling 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.

Ultimately, the ruling restores the dignity of the Masedza family, lifting 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.