Moana burial case: Judgment reserved
HIGH Court judge Justice Pisirai Kwenda yesterday reserved judgment until tomorrow in the case in which the parents of the late socialite Mitchelle “Moana” Amuli, are arguing over her burial arrangements.
Moana, who was also popular in showbiz and fitness circles, passed away on November 8 in a horrific accident that also claimed the lives of Harare socialite Genius “Ginimbi” Kadungure, Malawian fugitive Limumba Karim and
Mozambican model Alichia Adams.
Since her death, Moana’s father Ishmael Amuli and mother Yolander Kuvaoga have been at loggerheads on the burial arrangements and final resting place. Amuli is being accused of obtaining a burial order behind his
ex-wife’s back which stated that Moana would be buried at Warren Hills Cemetery at the Muslims section instead of Zororo Memorial Park in Chitungwiza preferred by Kuvaoga.
Kuvaoga then approached the High Court seeking an interdict against the arrangement and for the registrar general to cancel the burial order because it did not conform to what the parties had initially agreed — bury Moana at Zororo Memorial Park. Kwenda said he needed time to consider the submissions by both parties before
he could make a ruling tomorrow.
“You all appreciate that this matter came as an urgent application and we had to expedite it and deal with the substance of the dispute because there is a body that needs to be buried,” Kwenda said.
“I want a whole day to prepare my reasons for judgment.” Kwenda queried the legal basis of Kuvaoga’s application and said the lawyer identified as Makore was failing to show if his application was based on general or customary
He said the registrar general had done nothing wrong by issuing the burial order since all requirements were met.
“This is an ill-conceived application. What is clear from the relief being sought is that they want to set aside a lawful process through an interdict. Our courts do not interdict lawful processes issued in terms of the Burial and Cremation Act and the Births and Deaths Registration
Act,” responded Amuli’s lawyer, Ashiel Mugiya. Kwenda called the parties to give oral evidence and Kuvaoga said
she feared that Amuli’s burial plan would prohibit her from participating in her late daughter’s burial.
However, Amuli refuted the claim, saying Kuvaoga was welcome to participate in the burial although Muslim culture does not permit women at the grave site.
“We said that male relatives from her side can come to the grave site. In fact, women play a huge role preparing the body when we are burying a female. It is not correct that we intend to prevent her from participating,” Amuli said