More court action on the cards in Mandela vs Mandela case

2013-07-03 14:05

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Mandla Mandela’s legal team is bringing an urgent application to overturn a ruling which compels him to dig up the remains of his father and his father’s siblings today.

Mandla’s lawyer, Philip Zilwa, said the legal team would seek an immediate rescission of the ruling.

But a court official, who refused to be named, said the judge had already left and it was unlikely that such an application would be heard by 3pm.

Earlier, the Mthatha High Court ruled that the remains of three of former president Nelson Mandela’s children be exhumed in Mvezo and reburied in Qunu by 3pm today.

Mandla Mandela had the remains moved from Qunu to his home of Mvezo, two years ago.

The family wants the remains to be returned to Qunu, but Mandela has opposed court action aimed at forcing him to allow the reburial of the remains.

Judge Lusindiso Pakade said Mandla had failed to make any proper defence.

He said Mandla had until 3pm today to move the remains.

“Failing to do so, the sheriff will do the exhumation and move the remains to Qunu,” said Pakade.

Pakade also said Mandla had to pay the legal costs of the applicants.

“The hearse is on the way already,” said a visibly jubilant lawyer for the Mandela family members at court.

Makaziwe declined to comment.

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