CHINHOYI - The late former President Robert Mugabe's children failed to appear in court today and were lucky to be given another chance.
Chinhoyi provincial magistrate Tinashe Ndokera ruled that the siblings should have been in court to back up documentary evidence as argued by the appellant lawyer, Pardon Nhokwara.
The names of the siblings Bona Mutsahuni Mugabe (executor of the estate of late Robert Mugabe), Tinotenda Robert Jnr Mugabe and Bellarmine Chatunga Mugabe were called thrice each without response. This prompted their lawyer Takunda Gombiro to make an application to magistrate Ndokera arguing that since it's a civil case documentary evidence was sufficient but after both submission the magistrate ruled that the trio should have been in court.
Nhokwara had argued that documentary evidence alone was not enough as he wanted them to clarify some of the issues.
"The trio should have been in court since documentary evidence alone is not sufficient. The are issues we want them to clarify" argued Nhokwara.
Ndokera ruled in favour of Nhokwara but gave the trio another chance as he postponed the case to 7 March 2023 hearing.
"The trial failed to kick off because our clients were not in court so they were given another chance to appear before the courts on 7 March 2023. Chatunga is not in the country at the moment, Bona and Tino are tied up elsewhere" said Gombingo.
If Mugabe's children fail to appear in court on 7 March, a default judgement will be made.
Chief Zvimba wants Mugabe’s remains to be exhumed from his homestead and reburied at the National Heroes Acre in Harare.
The three children argued in the High Court that Chief Zvimba has nothing to do with the remains of their father, his estate and that fines imposed on their mother, Grace Mugabe, was too harsh and should be reversed.