SOUTH AFRICA: A court orders Nelson Mandela's grandson to exhume the bodies of three of the anti-apartheid leader's children and return them to their original graves without further delay

Record ID: 459231

  • Title: SOUTH AFRICA: A court orders Nelson Mandela's grandson to exhume the bodies of three of the anti-apartheid leader's children and return them to their original graves without further delay
  • Date: 3rd July 2013
  • Summary: MTHATHA, SOUTH AFRICA (JULY 3, 2013) (REUTERS) **CONTAINS FLASH PHOTOGRAPHY** LAWYER FOR MANDELA 15 APPLICANTS, WESLEY HAYES AND LAWYERS DAVID SMITH AND BRUCE DYKE ARRIVING AT MTHATHA HIGH COURT LAWYERS FOR MANDLA MANDELA, PHILLIP ZILWA AND MATTHEW MPAHLA ARRIVING AT COURT NELSON MANDELA'S DAUGHTER MAKAZIWE TALKING TO HAYES INSIDE COURT, MANDELA'S GRANDSON NDABA STANDING NEXT TO MAKAZIWE, SHAKING HANDS WITH AN ADVOCATE, MANDELA DAUGHTER NDILEKA STANDING NEXT TO HIM PUBLIC LAWYERS AT THE BENCH WITH MANDELA'S CHILDREN AND GRANDCHILDREN SITTING BEHIND BEFORE JUDGE ARRIVES MAKAZIWE SITTING DOWN NDABA AND NDILEKA SITTING DOWN LAWYERS AND MANDELA FAMILY LISTENING TO JUDGE MAKAZIWE LISTENING TO THE JUDGE MANDLA MANDELA JUNIOR AND SENIOR COUNSEL, ZILWA AND MPAHLA AND PUBLIC AND JOURNALISTS LISTENING TO JUDGE ZILWA LISTENING TO JUDGE (SOUNDBITE) (English) JUDGE LUSINDISO PAKADE READING JUDGEMENT SAYING: "The variation order issued on the 28th June 2013 is granted in the following terms: 2.1 includes "Saturday 29 july 2013 is amended to Saturday 29 June 2013. 2.2 by the addition of sub paragraph 4a that in the event of the first respondent failing to immediately return the remains but not later than Wednesday 3rd July 2013 at 1500 hours, the sheriff or his deputy or such nominee performs subject to the fulfilment of the medical protocols, by a medical practitioner, the exhumation of the remains on the first respondents property for reburial at the applicant's family homestead, farm, situated at Qunu, Mthatha, Eastern Cape." MANDELA 15 LAWYERS BOWING TO THE JUDGE SHAKING HANDS AND HUGGING LAWYERS WITH THE FAMILY / ONE LAWYER HUGGING NDILEKA ANOTHER LAWYER HUGGING NDILEKA (SOUNDBITE) (English) MAKAZIWE IN COURT CORRIDOR WALKING AND SAYING: "Its a private matter it will remain a private matter. It will remain a private matter" MAKAZIWE, NDABA AND HAYES WALKING AWAY OUTSIDE COURT NDILEKA ON THE PHONE SAYING 'God is with us' (NO AUDIBLE ON TAPE) NDABA ENTERING CAR ZILWA WALKING AWAY (SOUNDBITE) (English) MANDLA JUNIOR ADVOCATE MATTHEW MPAHLA ASKED WHEN THEY WILL FILE FOR AN RESCISSION APPLICATION (REJECTING THE JUDGEMENT) SAYING: "Immediately" MVEZO, SOUTH AFRICA (JUNE 29, 2013) (REUTERS) VARIOUS OF MVEZO COMPLEX WHERE THE REMAINS ARE BELIEVED TO BE BURIED AND WHERE MANDLA LIVES MORE OF MVEZO QUNU, SOUTH AFRICA (JULY 3, 2013) (REUTERS - ACCESS ) VARIOUS OF GRAVESITE WHERE MANDELA WANTS THE REMAINS TO BE RE-BURIED
  • Embargoed: 18th July 2013 13:00
  • Keywords:
  • Location: South Africa
  • Country: South Africa
  • Topics: Crime / Law Enforcement,Domestic Politics
  • Reuters ID: LVA6NVUZ01580EQRHUDBFJRMKNPS
  • Story Text: A judge ordered Nelson Mandela's grandson to exhume the bodies of three of the anti-apartheid leader's children on Wednesday (July 3) and return them to their original graves, the latest twist in a dispute that has divided South Africa's most famous family.
    Judge Lusindiso Pakade, sitting in the regional court in Mthatha, 700 km (450 miles) south of Johannesburg, told 39-year-old Mandla Mandela, the chief of the clan and Mandela's official heir, to comply with the order by 3 pm (1300 GMT).
    With 94-year-old Mandela critically ill in a Pretoria hospital, 16 of his family members applied last week for a court order to force Mandla to return the bodies, which were moved two years ago from the village of Qunu, where Mandela grew up.
    Mandla had the remains transferred 20 km (12 miles) to his Eastern Cape village of Mvezo. He has not revealed why he reburied them but Mvezo is where Mandela was born and where many South Africans believe Mandla wants the country's first black president to be buried.
    Mandela's eldest daughter, Makaziwe, who led the legal challenge against Mandla, declined to comment to reporters after the ruling. "This is a private family matter," she said.
    A lawyer for Mandla told reporters he would contest the ruling "immediately".
    The judge rejected all of Mandla's arguments including that he had not been properly served and that the order should be rejected.
    The legal team representing Makaziwe and 14 other members of the Mandela family argued that the manner in which Mandla had exhumed the remains of his grandfather's children and moved them to Mvezo was illegal.
    Mandela's children, Mandela's daughter Makaziwe and sons Madiba Thembekile and Makgatho Lewanika, were moved from the clan grave in Qunu to a new graveyard at the back of Mandela's home.
    It has been widely reported by the South African media that Mandela wanted to be buried next ot his children but it is not clear whether he has specified that this should be in Qunu.
  • Copyright Holder: REUTERS
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