Harare, Zimbabwe – The children of former Zimbabwean President Robert Mugabe—Bona, Tinotenda, and Chatunga—have successfully blocked an application for an inspection of their father’s grave in Kutama village, further delaying efforts to exhume his remains. The ruling, delivered by Magistrate Kudzanai Mahaso, dismissed the request by Zvimba headman Tinos Manongovere, citing procedural and constitutional issues.
Background of the Exhumation Dispute
The legal battle revolves around Mugabe’s controversial burial at his family homestead in Kutama village, rather than the National Heroes Acre, where most of Zimbabwe’s revered leaders are interred. Mugabe’s family fortified his grave to prevent exhumation, a move they said was to honor his final wishes.
Headman Manongovere argued that the burial violated Zvimba cultural traditions, claiming Mugabe was buried inside a house, which he said went against the customs of the region. He filed for an inspection in loco—a court-ordered site visit—to gather evidence for a case aimed at exhuming Mugabe’s remains for reburial.
Court Ruling: Key Points
Magistrate Mahaso ruled against Manongovere’s application for the inspection in loco, emphasizing the following points:
- Procedural Flaws
- Manongovere failed to file a properly commissioned founding affidavit, a key requirement to outline the basis for his case.
- The lack of substantive compliance rendered the application defective.
- Property Rights and Privacy
- Mugabe’s grave is located on private property, and conducting an inspection without the family’s consent would infringe on their constitutional right to privacy.
- Entering the property without permission would amount to trespassing.
- Alternative Evidence Available
- The court noted that witness testimony could be used as an alternative to the inspection in loco, making the application unnecessary.
- Judicial Discretion
- Mahaso highlighted that an inspection in loco is not an automatic right but is granted at the court’s discretion.
“The right to privacy is fundamental and ought to be respected,” Mahaso stated, referencing constitutional protections against unlawful interference with one’s home or property.
Victory for Mugabe’s Children
Mugabe’s children had filed a notice of opposition in December 2024, arguing that the application was legally flawed and would cause undue prejudice to the family. The court’s decision upholds their stance and ensures that the late president’s remains remain undisturbed for now.
Cultural and Political Implications
The legal dispute has reignited debates about the intersection of Zimbabwean cultural traditions and property rights. Mugabe’s burial, a deeply personal and political matter, reflects the complexities of his legacy. While some argue for reburial at the National Heroes Acre, others view the family’s decision as a rightful assertion of their wishes.
What’s Next?
The ruling provides temporary relief for Mugabe’s family, but the controversy surrounding his burial is far from over. For now, the grave remains fortified, reflecting the family’s determination to honor Mugabe’s final resting place.
