Law not on Mandla's side - expert

2013-07-03 18:43
Mandla Mandela (Picture: AFP)

Mandla Mandela (Picture: AFP)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - Customary and common law favours the greater Mandela family in their legal battle with Mandla Mandela, a constitutional law expert said on Wednesday.

University of SA African renaissance Professor Shadrack Gutto said customary law demanded that Nelson Mandela's grandson Mandla, who is also the chief of Mvezo in the Eastern Cape, follow due process before exhuming remains.

He did not follow the correct approach when moving the graves from Qunu to Mvezo in 2011.

"Mandla Mandela is the chief of Mvezo and not of Qunu," Gutto said.

"Therefore, if he did not go through the process of consulting the chief in Qunu before exhuming those bodies in another chieftainship... that was wrong in customary law."

The fact that the critically ill Mandela had reportedly already voiced his preference to be buried alongside his children in Qunu was another factor that counted against the Mvezo chief.

"The wishes of Tata Nelson Mandela ought to prevail in these circumstances and [the] actions taken by Mandla undermine that," Gutto said.

Mandla also transgressed common law in disturbing the graves in Qunu.

"Graveyards are protected under law and, therefore, if you go and exhume the bodies without having the proper permission to do so, that application should have been taken, for legal reasons, to court. He did not do that and that is again a problem," Gutto said.

The Eastern Cape High Court ruled against Mandla on Wednesday, after he tried to have a court order compelling him to return the remains to Qunu overturned.

The chief then launched another application to rescind the court order, which had yet to be heard.

His spokesperson said Mandla would hold a news briefing on the matter on Thursday to respond to "allegations and dirt thrown in his direction".

- SAPA
Read more on:    nelson mandela  |  mandla mandela  |  east london  |  mandela graves saga
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
6 comments
Add your comment
Comment 0 characters remaining

Inside News24

 
/Sport

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Save up to 40% on outdoor accessories!

Tents, sleeping, day packs and more. While stocks last. Shop now!

Month End Madness Sale!

Save up to 60% on across a wide range of goods from books to electronics, DVDs and many more. Sale end 31 January 2015. Shop now!

Valentine’s Day gifts – 14 Feb!

Gifts to spoil him and her. While stocks last. Shop now!

30% off fragrances

Get 30% off fragrances for him and her. While stocks last. Shop now!

Up to 30% off All Textbooks

Save up to 30% off an extensive range of prescribed textbooks for all major universities and FET colleges. Shop Now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

It is easy to get bogged down by things today. The Taurus Moon highlights the comforts and pleasures of life. You may have the...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.