Post date: Jul 01, 2013 5:14:8 PM
Court case in grave dispute adjourned for the day after lawyers on both sides wrangle in chambers with a judge for most of the day.
MTHATHA, SOUTH AFRICA (JULY 1, 2013) (REUTERS) - Lawyers representing the two warring Mandela family factions left the high court in Mthathawithout either commenting or resolution on Monday (July 1) to the grave dispute that blew up last week between 15 members of Mandela's family and his grandson Mandla Mandela.
Counsel for Mandla Mandela contested the response date on the order issued on Friday (June 28) ordering him to return the remains of bodies that he is said to have taken from the Qunu Mandela grave site and moved to his home in Mvezo, in the Eastern Cape.The order appeared to have said the respondents had until July 29 instead of June 29 to respond to the order.
Mandla's lawyer Gery Jansen said in a second opposing order they planned to put forward their argument against the order. The judge adjourned the meeting between the two sides in chambers and told them to return to court the following morning.
The family dispute has angered many chiefs and Mandela clan members who say the two sides need to resolve the issue of where the remains of Mandela's son Makgatho Mandela, his first daughter Makaziwe, and his second son Madiba Thembekile must be.
Mandela's nephew, Mfundo Mtirara, a chief who attended a meeting in Qunu last Tuesday (June 25) including chiefs and clan members as well as close family members, said he was disappointed that the 15 Mandela family members had chosen to go to court over this.
He was also shocked that Mandla was refusing to return the remains because, he said, he agreed to do so by Friday (June 29).
"They sat as a family and they decided to go to court. But we are still trying to talk to them to solve the issue amicably because court, whether they favour them or Mandla it is not the best way of solving our problems as traditional leaders or families," Mtirara said.
Mandla, who was seen at a special prayer meeting for his grandfather in Qunu on Sunday, is said to have angered the ancestors by removing the remains without consulting with the rest of the family, the clan members.
Traditional Xhosa and Thembu experts say disturbing your ancestors can cause rifts within the living family members as well as the spirit of the dead.
As the general secretary of the South African healers, Sollyn Duku, a guardian of traditional Xhosa customs explained, the dispute can have serious consequences regarding the fate of Mandela's burial when he passes away.
Remains may be moved by the head of the clan but only if it has been agreed by the rest of the family and the chiefs and that a proper ceremony is performed.
Failure to do so will separate the spirits from the bones and not only will the ancestors become angry but the family may also be divided as a result.
"Before you engage in those processes (relocating buried remains of a family member), you have to convene a traditional actual meeting of the family where there is consultations and agreement because that resemblance of the family members coming together to discuss on the matter, they represent the departed spirits in terms of our own belief who are also part of that discussion. So if there is consensus in the family it means there is also consensus in the spiritual world. But if there is actually disagreement in the living world it means there are also challenges in the spiritual world," said Duku.
"The wrath of the ancestors is normally represented in different ways. It may be witnessed through what will happen to the entire family, or family members or to certain individuals. There could be havoc in the family, instability, in fighting simply because the spirits are not at peace and the spirits are not resting in a proper way or the spirits have been touched in an improper way or the spirits feel that they have been disrespected in the process," he added.
A statement was issued by the Royal Family for the AbaThembu on the Mandela 15 v Mandla dispute saying the chiefs and traditional leaders were disturbed by such arguments which they wanted to see resolved in a traditional manner.
"These reports of disputes within the Royal house of Mandela are disturbing to the rest of the Royal Houses," the statement issued on Monday morning read. "We risk the world looking upon our culture, values and beliefs with disrespect and this we should not allow," it added.
The Royal Family will hold a special mediation meeting on July 8 in an attempt to settle the matter out of court.