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

kalahari.com

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

 
/News

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Up to 40% off fashion accessories

Save up to 40% on selected handbags, purses, watches, jewellery and more. Offer valid while stocks last. Shop now!

Save up to R2000 on top electronics

Get every day mind bowing savings on top electronics. Offer valid while stocks last. Shop now!

As seen on TV - New book releases at only R199 each

Get mind blowing book savings on new titles. Offer valid while stocks last. Shop now!

Save up to 50% on Women’s month treats!

Celebrate the awesome women in your life with awesome treats like beauty products, fashion accessories, bestselling books, electronics and more. Offer valid while stocks last. Shop now!

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. 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

Today is a good day to network and share your ideas and thoughts with your colleagues and friends. Information overload is...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.