Justice Pisirayi Kwenda has delivered the judgment he had reserved in the case in which Moana Mitchell Amuli‘s mother Yolanda Kuvaoga was seeking an interdict to stop the deceased’s father from burying her at Warren Hills Cemetery.
In the ruling Justice Kwenda against Moana’s mother’s application and upheld the burial order that was issued by the registrar’s office which states that Moana will be buried at Warren Hills Cemetary.
This was revealed by a thread by H Metro on Twitter which stated that the judge read his judgment and said he didn’t find an legal basis for cancelling the burial order. According to H Metro, the judge delivered the following ruling:
Applicant filed the urgent chamber applicant seeking an interdict. Applicant is the biological mother and the first respondent is the biological father. Second respondent is the registrar of deaths and births. On Nov 18 2020 issued a burial order and the applicant approached this court seeking to have the burial order set aside, that the registrar issue a second order to have the deceased buried at Zororo and she be in charge of the burial proceedings She told the court that she was customarily married to Amuli and he unilaterally acquired the burial order to exclude her and her relatives from the burial proceedings by burying her according to the Muslim rights.
She feels she’ll be excluded from the burial rites which is discriminatory against her & said the deceased was remote from the Muslim religion as seen by her circular life. She also said deceased was popular and its unfair to exclude people who knew her personally and followed her.
She also said the first respondent hadn’t seen the deceased in over the year and that he reverted from their initial agreement to have the deceased buried according to Christian rights to allow her followers and fans to be part of the proceedings Application was opposed by the first respondent Amuli, he accepted that a dignified burial must be accorded to the deceased. He argued that a court cannot interdict a lawful document.