The family of the late former President Robert Mugabe has filed an appeal with the Magistrates Court challenging the ruling by Chief Zvimba which ordered the exhumation and reburial of the late nationalist at National Heroes Acre.
Mugabe died in 2019 and he was buried in Zvimba.
Recently, Chief Zvimba ordered that Mugabe’s remains have to be exhumed and buried at the National Heroes Acre by July 1.
In a notice of appeal filed at Chinhoyi Magistrate Court, Mugabe’s three children—Bona , Bellarmine Chatunga and Tinotenda Robert — wants the matter to be dismissed.
They noted that Chief Zvimba erred at law by making an order that overturns the burial of the late Mugabe when he had no “judicial authority to interpret legal acts from superior legislation to his jurisdiction”.
They argue that 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, the family argued, made a false finding of fact which amounts to an error at law when he found that the late Mugabe was buried inside his house. This misdirection nullifies the ratio decidendi of his judgment, the trio argued.
The children noted that Chief Zvimba erred at law in granting an incompetent order for the exhumation of the body of the late Mugabe thereby usurping the lawful bounds of his judicial authority.
The trio said Chief Zvimba erred at law by imposing himself with territorial jurisdiction to the affairs of an area that he does not have any territorial jurisdiction over.
Chief Zvimba’s order came after former First Lady, Grace Mugabe was summoned to appear before Chief Zvimba’s traditional court at Gonzo Guzha Hall, Murombedzi growth point, Zvimba.
The traditional leader accused her of violating traditional customs and rites in burying her husband.
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