Charles Thomas, Ibhetshu likaZulu and ZAPU members who are survivors of the 1980s massacre of the Ndebele people are seeking to bar president Emmerson Mnangagwa from conducting Gukurahundi exhumations, Newsday reports.
The survivors have already approached the High Court and have filed a chamber application to bar President Mnangagwa who last week committed himself to conduct the exhumations and oversee the reburial of the victims of the genocide that killed 20 000 people in Matabeleland and Midlands Provinces.
According to the survivors, the president has no locus standi (capacity) to conduct the reburials without the consent of the relatives of the victims. Court papers seen by the publication about the case reads in part:
In this matter, there is certain illegal conduct or action of the first, third and fourth respondents sought to be interdicted on an urgent basis that they contravened a number of laws as follows: the Inquest Act Chapter 7:07 which regulates the issue of disinterment of people who have died violent deaths, the Births and Deaths Registration Act Chapter 5:02 which regulates the issue of giving a notice when a person dies and the associated process thereof, the Burial and Cremation Act Chapter 5:03, which regulates the burial and associated processes, section 111 of the Criminal Law (Codification and Reform) Act Chapter 9:23 which criminalises the violation of corpses
The application cited President Mnangagwa, Home Affairs minister Kazembe Kazembe, Matabeleland Collective Group leader Jennifer Williams and National Peace and Reconciliation (NPRC) chairman Selo Nare and NPRC. The government is yet to comment on the court case.