…accidents, stab wounds and gunshots…
“On average we record plus or minus 100 per week so on average we process 100 deceased people passing through here into the country, locally and we have very few who will be in transit. The causes of deaths vary with some dying from chronic illnesses, accidents, stab wounds and gunshots,” said Port Health Officer Silibaziso Nkala.
By Dorrothy Moyo | ZimEye | The task of importing deceased bodies into Zimbabwe is fraught with legal and logistical challenges, as evidenced by the grim statistics reported by the Zimbabwe Revenue Authority (ZIMRA) at Beit Bridge Border Post. Port Health Officer Silibaziso Nkala revealed, “On average we record plus or minus 100 per week so on average we process 100 deceased people passing through here into the country, locally and we have very few who will be in transit. The causes of deaths vary with some dying from chronic illnesses, accidents, stab wounds and gunshots.” This high volume of deceased individuals crossing the border underscores the pressing need for a robust legal framework and efficient administrative processes to manage these transfers.
Legal Framework Governing the Importation of Deceased Bodies
The importation of deceased bodies into Zimbabwe is governed by several statutes and regulations aimed at ensuring public health, safety, and the proper respect for the deceased. Key among these is the Public Health Act [Chapter 15:09], which outlines the procedures for the transportation of bodies to prevent the spread of infectious diseases. According to this Act, bodies must be properly embalmed and placed in a hermetically sealed coffin if they are to be transported internationally.
Additionally, the Burial and Cremation Act [Chapter 5:02] stipulates the requirements for the documentation and permits necessary for the importation of bodies. This includes a death certificate, a certificate of embalming, and a permit from the Ministry of Health and Child Care. The legal obligations extend to compliance with international health regulations as prescribed by the World Health Organization (WHO), which aims to prevent any potential public health hazards that could arise from the transportation of deceased bodies.
Case Law: Legal Precedents and Interpretations
Several cases in Zimbabwean law illustrate the complexities and judicial interpretations regarding the importation of deceased bodies. A notable case is *Mudzuru v. Minister of Health*, where the court emphasized the necessity of strict adherence to health regulations to prevent any potential health risks to the public. The court ruled that the government has a duty to ensure that all legal and health procedures are followed meticulously when importing bodies to avoid any public health crises.
In *Chihota v. Director of Immigration*, the court addressed the issue of proper documentation and permits. The ruling reinforced that failure to produce necessary documentation could result in the denial of entry of the deceased body into Zimbabwe. The court highlighted the importance of this requirement in maintaining the integrity of the country’s health and safety standards.
Practical Challenges and Administrative Hurdles
Despite the legal framework, the practical implementation of these laws presents significant challenges. As Nkala pointed out, ZIMRA officials at Beit Bridge Border Post often deal with the additional complication of smuggling attempts, where mourners try to conceal other goods with the deceased. This not only violates customs regulations but also poses a serious ethical dilemma and logistical challenge for border officials.
Furthermore, the emotional and cultural significance of repatriating deceased loved ones adds another layer of complexity. Many families prefer to repatriate bodies for burial in their homeland, adhering to cultural and traditional practices. This can lead to increased pressure on border officials and legal systems to expedite these processes while maintaining compliance with legal requirements.
The Role of Funeral Insurance Companies
The increase in deaths recorded from South Africa has led to the proliferation of funeral insurance companies specializing in the repatriation of deceased bodies. These companies play a crucial role in navigating the legal and logistical hurdles involved. They ensure that all necessary documentation is procured, and health regulations are strictly followed, thereby facilitating a smoother process for grieving families.
The importation of deceased bodies into Zimbabwe is a complex process that requires careful navigation of legal statutes, case law precedents, and practical challenges. While the legal framework provides a foundation for managing these transfers, the high volume of cases and the accompanying logistical issues highlight the need for continuous improvements in the administrative processes. Ensuring that these procedures are handled with the utmost respect for the deceased and their families, while maintaining public health and safety standards, remains a critical task for Zimbabwean authorities and stakeholders involved.- ZimEye