A Chinhoyi magistrate on Tuesday threw out a bid by former First Lady, Grace Mugabe, for judicial review of Chief Zvimba’s ruling ordering the exhumation of the late former President Robert Mugabe’s remains.
Chief Zvimba in May ordered the exhumation of Mugabe’s remains for reburied at the National Heroes Acre saying his burial in Zvimba was in violation of tradition.
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Grace, who was in Singapore, gave her daughter Bona, powers of attorney to represent her in the court case to have the chief’s judgment reviewed on a technicality.
The Mugabe family wanted Chief Zvimba’s order to be suspended because he served the papers at Mugabe’s Borrowdale mansion instead of his rural Zvimba home.
She also wanted the ruling to be suspended on the grounds that the chief ordered her to pay a fine with cattle that are not in his area of jurisdiction. Grace also questioned the chief’s jurisdiction over the matter.
Chinhoyi magistrate Ruth Moyo, however, said Bona had no right to apply for judicial review of the ruling that was handed down by Chief Zvimba in the case between Grace and Tinos Manongovere. Reads part of Moyo’s ruling:
An application must be deposed on the basis of the funding affidavit’ in casu, the court has a determination that when Bona Mutsahuni filed the founding affidavit, she had no authority at law to do so.
The special power of attorney was executed on July 27, 20 days after the application was filed and has no retrospective effect. The court will not deal with all other points.
Grace’s lawyer Fungai Chimwamurombe said they were not happy with the ruling adding that they will appeal the ruling.
Early this month, Moyo dismissed an application by Mugabe’s children, Bona, Tinotenda Robert Jnr and Bellarmine to suspend Chief Zvimba’s ruling.
Mugabe’s children have since appealed against Moyo’s ruling.
Mugabe was buried at his Kutama rural home after the family stood its ground against President Emmerson Mnangagwa’s government that wanted him to be buried at the national shrine.
Mugabe’s nephew, Patrick Zhuwao strongly believes Mnangagwa is behind the exhumation bid as he believes the late veteran leader had a sceptre that he needs to rule the country.
More: NewsDay Zimbabwe