The High Court has affirmed the right of Peter Jack Masedza’s children to exhume and rebury their father’s remains, five decades after his passing.
Masedza, widely known among apostolic sect followers as Johane Masowe, was a revered religious figure whose burial had been at the centre of a long-standing legal and spiritual conflict.
The court’s decision marks a major victory for Magaga and Reuben Masedza, granting them legal authority within established statutory guidelines to honour their father’s legacy in accordance with their cultural and familial responsibilities.
Bitter Dispute Over Burial Rights
The case originated from a prolonged dispute with a faction of the Gospel of God Church, which had barred the Masedza brothers from accessing their father’s grave at Gandanzara Shrine in Makoni, a sacred burial site near Rusape.
Johane Masowe passed away in Zambia on September 14, 1973, at the age of 59. His remains were later repatriated to Rhodesia (now Zimbabwe) and interred at the shrine. However, the church leadership maintained control over the burial site, refusing to grant his biological children access.
Despite a 2017 High Court order that granted equal access to both parties, tensions remained unresolved. This led the Masedza brothers to seek legal clarification on whether they had the right to exhume their father’s remains and whether the court could authorise such an action.
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Court rulings and legal implications
Justice Tawanda Chitapi upheld the brothers’ right to exhume their father’s remains but emphasised that the process must follow the legal procedures outlined in the Cemeteries Act. However, he refrained from issuing a direct order for exhumation.
“The applicants have a right to exhume the remains of the late Johane Masowe Shoniwa Masedza, which are buried at Gandanzara Shrine, Rusape, subject to their following due process,” Justice Chitapi ruled.
The judgement clarified that while the declaratory relief acknowledges their right to reclaim their father’s remains, the actual exhumation must adhere to legal protocols. The court recognised the family’s cultural and moral obligation to bury their father, maintain access to his grave, and preserve the site as part of their heritage.
A legal battle rooted in spiritual and cultural disputes
The brothers’ legal team, led by Advocate Lewis Uriri and instructed by Mr. Nickiel Mushangwe, argued that being denied access to their father’s burial site had caused significant distress, severing their connection to their late father.
They contended that Johane Masowe, as a devout religious leader, would not have wanted his grave to become an object of worship or a source of control for church leaders.
On the opposing side, the Gospel of God Church, represented by Advocate Silvester Hashiti, claimed that the deceased had wished to be buried at Gandanzara Shrine and dismissed the application as frivolous, citing the passage of over 20 years since his death.
Justice Chitapi acknowledged that the legal battle had been ongoing for decades, contributing to delays in seeking relief.
A Landmark Victory for the Masedza Family
Following the ruling, Mr. Mushangwe described the decision as “groundbreaking,” emphasising its significance beyond the courtroom.
“This ruling brings clarity, relief, and resolution to a longstanding conflict over the right of children to honour their parents in death. It also holds spiritual importance, given the stature of Johane Masowe,” he said.
For 77-year-old Magaga Masedza, the verdict was not just a legal milestone but a deeply personal triumph. After enduring over five decades of legal and emotional turmoil, he expressed relief that justice had finally been served.
