The late President Robert Mugabe’s children have appealed the ruling made by Chief Zvimba last month which orders the exhumation of their father’s remains.
The appeal in full is as follows:
IN THE MAGISTRATES COURT OF ZIMBABWE FOR THE PROVINCE OF MASHONALAND WEST HELD AT CHINHOYI.
In the matter between:-
BONA MUTSAHUNI – MUGABE N.0 (In bur capacity as the Executrix of the Estate Late Robert Mugabe) 1sT APPELLANT
And BELLARMINE CHATUNGA MUGABE 2ND APPELLANT
TINOTENDA ROBERT MUGABE 3RD APPELLANT
TINOS MANONGOVERE RESPONDENT
NOTICE OF APPEAL
TAKE NOTICE THAT the Appellants hereby note an appeal against the whole Judgment of Chief Zvimba (Stanley Wurayayi Mhondoro) being the presiding officer of the Community Court held by him in Zvimba in the matter of Tinos Manongovere versus Grace Mugabe. The judgment was handed down on the 20th of May 2021.
ALSO TAKE NOTICE THAT the Court ruling is hereby attached hereto as “A” FURTHER TAKE NOTICE THAT the Appellants are competent litigants to institute this Appeal based on their real and direct interest in the orders of Chief Zvimba which killed their personal property and fiduciary functions at law respectively since the 1st Appellant is the duly appointed executrix to the Estate of the Late, and the 2nd and 3rd Appellants are sons to the said Late.
FURTHER TAKE NOTICE THAT this Appeal is instituted in terms of section 24 (1) of the Customary Law and Local Courts Act [chapter 7:05] as read with rule 4 of the Supreme Court (Miscellaneous Appeals and References) Rules, 1975.
GROUNDS OF APPEAL
1. 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 legislation to his jurisdiction.
2. Chief Zvimba erred at law in making an order that affects property rights of a party that is not part of the proceedings.
3. 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. This misdirection nullifies the ratio decidendi of his judgment.
4. Chief Zvimba erred at law in granting an incompetent order for the exhumation of the body of the Late Robert Gabriel Mugabe, thereby usurping the lawful bounds of his judicial authority.
5. The Chief further erred at law by imposing himself with territorial jurisdiction to the affairs of an area that he does not have any territorial jurisdiction over.
Wherefore the Appellant prays that:
i. The instant appeal be allowed with costs.
ii. The judgment of the court a quo be set aside and the following be substituted in its stead:
“The Plaintiff’s claim is dismissed”
DATED AT HARARE THIS 1st DAY OF JUNE 2021