The Zimbabwe Family Law Court’s jurisdiction to direct the burial of a deceased person’s body

The Family Law Court is a specialised division of the High Court of Zimbabwe. It deals with numerous applications. In recent times the High Court has had to determine disputes concerning burial rights, which fall within the purview of the Family Law Court. These cases include but are not limited to:

1. Mhindu v Machokoto & Another 2016 (2) ZLR 20 (H); and
2. Zulu & Others v Nkomo & Another 2019 (3) ZLR 372 (H).

Recently leading scholars have started advocating for mediation or other forms of alternative dispute resolution as means to resolving burial disputes. see TA Manthwa & E Kodisang, ‘Mediation as a Solution to Western-Style Courts in Solving Customary Law Burial Disputes’ 2024 International Journal of African Renaissance Studies 19(2): 43 – 60.

However, issues involving the burial of a deceased person’s body engage human rights to dignity, privacy and family. The Supreme Court of New Zealand in Takamore v Clarke & Another [2012] NZSC 116 noted that there is an important public interest in the disposal of human remains in all societies and in all cultures to which the deceased and those who care about the deceased belong. It is for this reason that the Zimbabwe Family Law Court has jurisdiction to direct the burial of a deceased person’s body.