/ 3 July 2013

Mandla Mandela braces to fight graves interdict

Mandla Mandela Braces To Fight Graves Interdict

Wednesday could see the Mandela family feud that has taken on a life of its own outside of Nelson Mandela's hospitalisation come to a head. By Tuesday, neither of the two camps – Makaziwe Mandela or Mandla Mandela – appeared willing to back down in the fight over the last resting place of the Mandela family graves.

It could also see the start of a protracted court battle that would further anger those, such as ANC secretary general Gwede Mantashe, who want the family to reconcile and focus on Mandela's health.

The Eastern Cape High Court in Mthatha is expected to deliver judgment on Wednesday on whether or not an interdict forcing Mandla to return the Mandela family members' remains to Qunu will be upheld.

Mandla is alleged to have moved the remains over two year ago without the permission of senior Mandela family members. Rumours have circulated ever since but the family has apparently chosen to give Mandla the benefit of the doubt – until now.

Nelson Mandela's eldest daughter, Makaziwe, asked the court to order her nephew Mandla to return the remains of the bodies on Friday. Those proceedings were held in chambers.

An interim order granting the interdict was handed down and it was decided on Tuesday that Mandla had to return the remains to Qunu by 3pm on Wednesday.

Judgment
Now both parties have to file papers by 10am on Wednesday, and the high court is expected to deliver judgment by midday.

But Mandla asked the court to overturn the initial order on the basis that he did not receive a summons to appear in court on Friday and could therefore not adequately defend himself.

His lawyers argued that the order was granted "erroneously".

During proceedings, lawyers for Makaziwe accused Mandla of moving the bodies of Mandla's father, Makgatho, and Mandla's siblings, Thembekile and Makaziwe, "illegally, in the dead of night".

It was reported on Tuesday that charges were laid against Mandla for the alleged illegal exhumation.

But advocate Phillip Zilwa, for Mandla Mandela, argued that the case brought by Makaziwe and 15 others was "frivolous", and that his client was unnecessarily dragged to court.

Advocate David Smith, for Makaziwe and 15 other members of the Mandela family, argued that Mandla's application (to have Friday’s order rescinded) did not deal with the substance of the application, which is how the graves were moved. Smith charged that Mandla's actions were "legally indefensible".

"He dug up human remains in the dead of the night", Smith said.

No change
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Maki's team asked that the application to have the order rescinded be dismissed with costs.

While judgment will be delivered on Wednesday, Nelson Mandela is expected to remain in the Mediclinic Heart Hospital in Pretoria. President Jacob Zuma said on Monday that Mandela remains in a critical but stable condition.

It remains unclear whether or not Mandela's condition and the plans around his inevitable burial form any part of this week's court proceedings. But, as the Mail & Guardian reported on Friday, the latest available information on Mandela's funeral plans indicated that he wishes to be buried in Qunu.

Additionally, the initial court proceedings on Friday were held on camera, apparently because of the sensitivity of the information contained in Makaziwe's application to the court.

The feud between the two factions of the Mandela family angered Mantashe on Tuesday. As the parties argued in court, the ANC held a prayer service for Mandela outside Luthuli House in Johannesburg.

"They need to take a chapter out of Madiba's life and learn how to find peace against all odds. This ability is the reason why Nelson Mandela and other comrades were able to deliver our freedom," Mantashe told the media.