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Moana’s mother approaches High Court to cancels the father’s burial plans

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  • Ishmael Amuli wants Moana’s remains to be buried according to the Muslim tradition, which would exclude women and many of Moana’s friends and fans from attending the burial.

By Mutsa Makuvaza

THE mother of the late socialite and video vixen Michelle “Moana” Amuli has approached the High Court on an urban basis to cancel the existing burial order and stop the plans by the deceased’s biological father to bury her the Islam way.

Ishmael Amuli wants Moana’s remains to be buried according to the Muslim tradition, which would exclude women and many of Moana’s friends and fans from attending the burial.

Amuli, who is in custody of the existing burial order, also wants the deceased’s burial to take place at Warren Hills Cemetery in Harare despite an earlier agreement with the deceased’s mother that Moana be buried at Zororo Cemetery along Seke Road near Chitungwiza.

Ms Yolander Kuvaoga, who is Moana’s biological mother, is represented by her lawyer Mr Jerome Madondo in the urgent chamber application she made at the High Court yesterday.

Kuvaoga prays for the Court to nullify the burial order issued on November 18 so that Ishmael Amuli cannot bury Moana the Muslim way. She wants the court to grant an interim interdict to stop the burial until the finalisation of the matter.

In her founding affidavit, Moana’s mother said she made an agreement with Mr Amuli that their daughter be buried at Zororo Cemetery in the presence of the deceased’s relatives and friends. Ms Kuvaoga further told the court that Moana had remote ties to Islam as evidenced by her lifestyle.

“I have a reasonable apprehension that I, together with other female sisters, colleagues and relations would be excluded from the funeral rites which would be unconscionable,” Kuvaoga argued in court papers which the Zimbabwe Voice is in possession of.

“I do not wish or desire that anyone be excluded from the occasion on the basis of gender or creed as this goes against not only my sense of community according to custom but of the general persona of my deceased daughter who embraced everyone.

“The deceased was a popular personality with a huge following. Apparently, it would be unfair not only to me, but to other people and relations who knew her personality.

“I aver that this matter is urgent on the reasons that the burial is on 20 November 2020 and belated hearing would prejudice me. There would be nothing to motivate in that matter since the object of the lawsuit would become dead,” she argued.

Kuvaoga further states that Mr Amuli and the deceased were estranged and the two had not met for over a year.

Kuvaoga said Mr Amuli had changed the burial place from Zororo Cemetery to Warren Hills to exclude from the funeral gathering. Kuvaoga also said Mr Amuli had changed the burial place from Zororo Cemetery to Warren Hills to exclude from the funeral gathering.

“I therefore submit that there would be no remedy for a cause rendered academic,” she said.

Ms Kuvaoga said once Moana was buried, the position becomes irreversible and it would be unfair for her and other mourners to be denied an opportunity to bid her farewell.

High Court Judge Justice Pisirai Kwenda yesterday deferred the matter to Monday  by consent of both parties’ lawyers.

The judge wants to hear the two parties’ oral evidence before making an informed decision on the dispute. He also wants Mr Amuli’s lawyer Mr Marcus Zvirahwa to file his opposing papers.

“This matter be deferred to Monday 23rd of November 2020 at 3pm which shall be the return date for this matter,” Justice Kwenda said.

“The first respondent(Amuli) shall file his notice of opposition by 9am on Monday 23rd November 2020. The applicant and first respondent shall attend the hearing on Monday 23rd November 2020 to give oral evidence.”

Moana died on 8 November in Harare in a horrific road accident when the Rolls-Royce Wraith owned and driven by fellow socialite Genius “Ginimbi” Kadungure crashed against a tree and burst into flames.

She was burnt beyond recognition and the National University of Science and Technology in Bulawayo had to identify her remains using a deoxyribonucleic acid (DNA) test. – Zimbabwe Voice

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