A Chinhoyi Court yesterday ruled in favour of the exhumation of the late former President Robert Mugabe, ostensibly for reburial at the National Heroes Acre, in Harare.
Mugabe exhumation follows an appeal filed by the late President’s children challenging the decision by Chief Zvimba, who ordered Mugabe’s exhumation and reburial at the national shrine saying his burial at his Zvimba homestead was in breach of customary laws.
Chief Beperere also known as Chief Zvimba, will however not live to see this as he passed away toward the end of August, after a short illness.
Zimbabwe’s evergreen rumour mill was awash with talk of the now late Chief Zvimba “being haunted by Mugabe’s avenging spirit” for his decision to order the late nationalist’s reburial at the heroes acre.
Mugabe, who was removed in a coup that brought Emmerson Mnangagwa to power in November 2017, was buried in the courtyard of his home at his village of Kutama after weeks of dispute with President Mnangagwa’s government over his final resting place.
The Emmerson Mnangagwa government had wanted Mugabe buried at the National Heroes Acre, alongside other liberation struggle luminaries. The Zanu Pf government had even begun the construction of a mausoleum, for the interment of the former guerilla leader.
Mugabe’s family was however adamant that they would bury the late President at his rural home as that was his wish. It is reported that Mugabe had insisted before his death that he wanted to be buried alongside his mother Bona Mugabe and didn’t want his protege Mnangagwa anywhere near his burial place.
Mugabe died on September 6 2019 at a Singapore medical facility where he was receiving medical attention.
In June, Chief Zvimba, born Stanley Wurarayi Mhondora, summoned Mugabe’s wife, Grace Mugabe to appear before his traditional court and explain why her husband was buried at the family courtyard breaching traditional customs.
However, the widow did not attend the hearing held at Murombedzi Growth Point, amid reports that she was in Singapore receiving treatment for an unknown ailment.
Chief Zvimba later ordered Grace to pay a fine of five cows and two goats for breach of traditional customs. He also ordered his reburial at the national shrine before 1 July.
However, Bona Mugabe-Mutsahuna and her brothers, Bellarmine Chatunga and Tinotenda Robert Junior appealed against Chief Zvimba’s ruling at the Chinhoyi provincial magistrates’ courts.
The children argue the traditional leader has no jurisdiction in interfering with their family issues.
Bona and her siblings also accused the chief of misdirecting himself.
“Chief Zvimba erred at law by making an order that overturns a burial order in respect of the burial of the late Robert Mugabe when the chief had no judicial authority to interpret legal acts from superior legislator to his jurisdiction,” reads part of their court appeal.
“Chief Zvimba erred at law in making an order that affects property rights of a party that is not part of the proceedings. The chief made a false finding of fact which amounts to an error at law when he found that the late Robert Mugabe was buried inside a house.”
The Mugabes also said that the chief was also offside by ordering the exhumation of their late father, usurping the lawful bounds of his judicial authority.
“The chief erred by imposing himself with territorial jurisdiction to the affairs of an area that he does not have any territorial jurisdiction over.”-Said Mugabe’s children.
They further prayed the appeal should be allowed with costs for an order dismissing the judgment of the chief.
Cited as a respondent is Tinos Manongovere, the local villager in Zvimba who filed a complaint before Chief Zvimba that Mugabe was “improperly” interred in a courtyard.
The Mugabe family hasn’t yet commented on the latest setback but analysts have said that they expect the family to appeal the ruling at the High Court.