The High Court of Zimbabwe has granted Masedza (Johane Masowe) Children the Legal Right to Exhume their father’s remains, even though he died a jubilee ago.
The case arose from a long-standing conflict with a faction of the Gospel of God Church, which prevented Masedza’s sons from visiting their father’s grave. In 2017, the High Court tried to resolve the issue by allowing both parties to access the burial site, but disagreements persisted.
Masedza, known as Johane Masowe in his religious community, died on September 14, 1973, in Zambia at the age of 59. His remains were later brought back to Rhodesia, now Zimbabwe, and buried at the Gandanzara Shrine in Makoni, near Rusape.
Johane’s brothers asked the court to clarify if they could legally exhume their father’s remains. Justice Tawanda Chitapi ruled in their favor, stating they could proceed with the exhumation as long as they followed the legal steps required. However, the judge did not directly order the exhumation.
The Herald noted that Justice Chitapi emphasized that the brothers have the right to take care of their father’s remains, highlighting the cultural and family importance of this duty. He noted that it is traditional for children to care for their parents’ graves and maintain these sites as part of their heritage.
The brothers’ lawyer, Advocate Lewis Uriri, argued that being denied access to their father’s grave has caused them emotional distress and disconnected them from their family history. He claimed that Masedza, a devoted believer, would not have wanted his grave to become a place of worship or profit for the church leaders.
On the other hand, the church’s Deputy President, Erica Office, represented by Advocate Silvester Hashiti, argued that Masedza wished to be buried at the shrine. They dismissed the brothers’ request as unnecessary, noting the long time since Masedza’s death.
The judge acknowledged that there had been ongoing legal disputes over the years, which contributed to the delay in this current case. While the court’s ruling does not mandate immediate exhumation, it provides the brothers with the legal authority to move forward, following the rules set by law.
