The late former President Robert Mugabe’s three children have appealed to the Mashonaland West magistrates court against a judgement ordered thefather’s reburial at the heroes acre.
In their appeal Mugabe’s children Bona Mutsahuni- Mugabe, Bellarmine Chatunga and Tinotenda Robert said chief Zvimba, born Tinos Manongovere, had no judicial authority to overturn a burial order.
“Chief Zvimba erred at law by making an order that overturns a burial order in respect to the late Robert Mugabe when the Chief had no judicial authority to interpret legal acts from superior legislation to his jurisdiction,” said the three children through their lawyers.
The children said the chief’s judgement was incompetent since he had no judicial authority to order an exhumation of the former president.
They further argued that Chief Zvimba was not from the area hence he had no territorial jurisdiction to preside over the reburial case.
The appeal further stated that the chief’s judgement was in error since it was addressed to the former first lady Grace Mugabe instead of her daughter who is the legal executrix of the former leader’s estate.
“Chief Zvimba erred at law in making an order that affects property rights of a party that is not part of the proceedings,” read the appeal.
The three further are seeking the nullification of the judgement claiming that it was misleading as it claimed that their father was born inside a house.
The appeal comes after Chief Zvimba passed a judgement ordering the reburial of the late nonagenarian at the National Heroes Acre.
The judgement also found the former first lady Mugabe (Grace) guilty of burying her husband in a house and fined her 5 cattle and a goat.
The fine is said to be a punishment of violating cultural norms of the Zvimba people and some local traditional rites related to burying people.