By Nyashadzashe Ndoro | Nehanda Courts |
High Court Judge Justice Pisirayi Kwenda has awarded the burial rights for the late socialite Michelle “Moana” Amuli to her father, Ishmael Amuli.
This comes after the deceased’s mother Yolanda Kuvaoga filed an urgent chamber application at the High Court seeking to have the burial order issued on November 18 nullified.
Kuvaoga wanted her estranged husband Amuli to be prevented from renouncing their prior agreement that Moana be buried at Zororo Cemetery. She didn’t want the remains of her daughter to be buried in a Muslim way citing it was discriminatory to her as the deceased’s mother.
She wanted the burial order awarded to Amuli to be revoked.
Handing down judgement on Friday, Kwenda dismissed Kuvaoga’s application which argued that the High Court had no power to revoke a burial order issued by the Registrar of Births and Deaths according to the Administrative Act.
Kwenda slammed Kuvaoga for claiming the deceased was a celebrity and her remains needed to be buried by many people.
“She is basking in the perceived grandeur of the deceased’s celebrity life,” he said.
Kwenda however said there “may be need for legislation that resolves burial disputes”, because he was forced to use the General Law in compiling his judgement.
“In this case the burial order was issued in compliance with the administrative act.
“I find no legal basis for cancelling the burial order.
“The applicant has failed to lay a legal basis for the releaf sort.
“The application fails to capture the real dispute between the parents. There has been no choice of law. I’m now applying a general law,” Kwenda said.
He added that Amuli did not intend to exclude the applicant from participating at the burial of the deceased.
“The right to family is fundamental. The deceased was born to the Amuli family.
“The first respondent (Amuli) raised the deceased from the infancy (1994-2014). We have no evidence that the deceased openly renounced Islam. The burial order was correctly issued. There is no reason to replace a valid burial order.
“The application is hereby dismissed,” Kwenda ruled.
Moana died in a horror car accident together with flamboyant businessman Genius ‘Ginimbi’ Kadungure and two friends.
At the moment of her death, Moana was staying at her mother’s house as her parents had divorced long back. It is also on record that she was not in good books with her father, at the point of death. Nehanda Radio