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High Court judge Justice Pisirai Kwenda will on Wednesday deliver his judgment on whether to stay or allow the burial of Mitchelle “Moana” Amuli the Muslim way.
This follows an application done last week by her mother Yolanda Kuvaoga for an interdict to stop the burial to be done the Muslim way on fears that she would be barred from attending the proceedings.
The parties appeared before him Monday, and she told the court that she feared that she would not be allowed to be part of her daughter’s burial as her father Ishmael Amuli wanted her to be buried the Muslim way.
However, Amuli dispelled those fears as mere speculation, stating that women were going to be part of the burial proceedings.
He said that the only impediment she might face was that she would be distant from the intern site as the Muslim faith disregarded crying at the site and that only men were allowed to lay her down.
Amuli stated that the funeral was open to everyone.
Further to that, he told the court that the Muslim faith disallowed corpses to lie in state in a house overnight.
He said the body would be allowed at Kuvaoga’s parents’ house for a few hours before it is taken to the funeral for burial.
His lawyer, Ashiel Mugiya told the court that the application Kuvaoga made was ill-conceived as she wanted the court to set aside a lawful process which could not be set aside through an interdict.
During the court proceedings, Justice Kwenda queried Makore on which basis they were seeking for an interdict.
Justice Kwenda also stated that the court could not override cultural practices of a people’s faith as there was no law for that.
He told both parties that he was going to write his judgement before handing down his ruling set for this Wednesday at 2.30pm. Nhau/Indaba
