Mandela graves row becomes criminal case

It notes Makaziwe and 16 other relatives, including Mandela's wife, Graça Machel, are fighting Mandla in the Mthatha High Court over the 2011 removal of the remains of Mandela's children Makgatho, Thembekile and the first Makaziwe from Qunu to Mvezo village. Mthatha police spokesperson Lieutenant-Colonel Mzukizi Fatyela confirmed the charges were opened at the Bityi police station. 'I am not sure if Mandla is aware of this yet,' Fatyela is quoted as saying. In papers presented to Judge Lusindiso Pakade at yesterday's hearing over the removal of the graves, the family submitted that Mandla had failed to consult them or to get written permission from the Department of Health. Health and environmental officers should also be present when remains are exhumed and a funeral parlour needs to be appointed. The provincial health MEC is also required to give consent. Eastern Cape health spokesperson Sizwe Kupelo said yesterday that, according to the Exhumation Act of 2004, the chief of a village had to give written authorisation and say that there were no objections to the exhumation. Permission should also be obtained from the chief where the reburial is planned. Kupelo said the family concerned must then submit a detailed request to the department, including the name of the deceased, cause of death and the reason for exhuming the remains. 'We are investigating the circumstances under which the authorisation was granted and whether the stipulations of the Act were observed and followed,' said Kupelo. Full report in The Times

Let Nelson Mandela speak for himself about where he wants to be buried. This, says a report in The Mercury, was the argument put forward by Mandla Mandela, who said in court papers: 'The place where my grandfather will be buried will be determined by his will.' However, in his response, Advocate David Smith, appearing for the Mandela family, said where Nelson Mandela would be buried had no bearing on the application. He said Mandla had exhumed the bodies without permission. The court postponed the hearing until today, says a report on the IoL site. Mandla's lawyer Phillip Zilwa told the court the order was 'erroneously' granted. 'You don't grant an order against an absent party without letting that party know you are bringing an order against them,' he said. Smith submitted that Mandla Mandela's behaviour had been 'reprehensible'. After hearing arguments Pakade said he wanted both parties to submit heads of argument to him by today (Wednesday). The 16 relatives had until 7am to submit papers outlining their case. Mandla Mandela had until 10am to file opposing papers. However, Pakade extended his ruling that the remains be returned to Qunu by last Saturday and gave the chieftain until 3pm today to comply. Full report on the IoL site Full report in The Mercury (subscription needed)

Earlier, Pakade ruled the matter should be held in open court. He said he received a letter from the SA National Editors Forum asking that the matter no longer be held in camera. There were no objections to the request from the applicants or the respondents. 'I rule that the proceedings in this matter be held in open court,' Pakade said. He ruled journalists would be allowed to record proceedings on cameras and audio recording equipment. Full report on the News24 site