Mandla Mandela opposes graves order

02 July 2013 - 18:53 By Sapa
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Chief Mandla Mandela at Mvezo royal palace on May 20, 2013. File photo.
Chief Mandla Mandela at Mvezo royal palace on May 20, 2013. File photo.
Image: Gallo Images / City Press / Khaya Ngwenya

Mandla Mandela asked the Eastern Cape High Court on Tuesday to set aside an order that he return to Qunu the remains of three family members he reburied in his home village of Mvezo two years ago.

His legal representative Phillip Zilwa told the court in Mthatha that an order to move the graves back to Qunu was granted "erroneously" last week.

"This order should never have been granted in the first place," he said.

"Everyone has the constitutional right to be heard in court," Zilwa said.

He wanted the court to hear from Mandla Mandela, who is the grandson of critically ill former president Nelson Mandela, before the order was made final.

"You don't grant an order against an absent party without letting that party know you are bringing an order against them," he said.

David Smith, appearing for the 16 Mandela family members who brought the initial application, submitted that Mandla Mandela's behaviour had been "reprehensible".

Mandela's eldest daughter Makaziwe Mandela, her nephew Ndaba, and niece Ndileka -- all applicants in the case -- were present during proceedings.

Mandla Mandela was not present.

Last week, the Mandela family was granted a court order compelling Mandla Mandela to return to Qunu the remains of Madiba's three children: his eldest son and Mandla Mandela's father, Makgato Mandela, who died in 2005; Mandela's first daughter Makaziwe, who died as an infant in 1948; and Mandela's second son Madiba Thembekile, who died in a car accident in 1969.

The applicants want the reburial to happen on Wednesday.

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