Fidelis Munyoro — The Gospel of God Church International (GOGCI) has taken its fight to the Supreme Court, seeking to overturn a landmark declaratory order that affirms the inalienable rights of Peter Jack Masedza's children to exhume and rebury their father's remains--52 years after his death.
Peter Jack Masedza, widely known and venerated as Johane Masowe, was a towering religious figure and spiritual guide to millions. He passed away in Zambia on September 14, 1973, at the age of 59.
His remains were later repatriated to Rhodesia (present-day Zimbabwe) and laid to rest at the Gandanzara Shrine near Rusape, a sacred site for the Gospel of God Church.
Last week, the High Court delivered a watershed ruling, granting Masedza's two surviving sons, Magaga and Reuben Masedza, the legal authority to honour their father's legacy by exhuming his remains in accordance with their cultural and familial obligations.
The brothers turned to the courts after being barred by the GOGCI from accessing their father's gravesite at Gandanzara Shrine.
In response, the Church, through its legal representatives, Messrs Venturas and Samukange, has escalated its opposition, filing an appeal with the Supreme Court in an effort to overturn the High Court's judgment.
In its notice of appeal, filed last Thursday, the GOGCI contends that the High Court erred in law by failing to recognise the prior ownership of the shrine, as established in an earlier ruling by Justice Hungwe under HH164/2003.
According to the Church, this earlier judgment conclusively confirmed ownership of the shrine as belonging to GOGCI, thereby precluding any right of exhumation on property it legally controls.
"The court a quo erred at law when it held that ownership of the shrine did not extend to the remains of the deceased, disregarding the sacred nature of the shrine as a place where the remains of revered figures are preserved," states the grounds of appeal.
The Church further argues that the High Court disregarded the revered Johane Masowe's alleged oral testament, which reportedly expressed his wish to remain buried at the Gandanzara Shrine.
At the heart of the Masedza brothers' application were two pivotal questions: whether they possessed the legal right to exhume their father's remains and whether the court could issue an order compelling such an exhumation.
Justice Tawanda Chitapi, in his judgment, upheld the brothers' right to proceed, provided they adhered to statutory procedures.
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However, he declined to issue a direct order for exhumation, clarifying that his ruling was declaratory in nature.
The judgment emphasised that while the declaratory relief granted the brothers legal clarity, it did not constitute immediate authorisation for exhumation.
For the Masedza brothers, this decision represents a significant legal victory, empowering them to honour their father's legacy within the bounds of the law.
But for the Gospel of God Church, which has held Johane Masowe's final resting place as sacred for over half a century, the ruling strikes at the heart of its spiritual heritage.
The dispute is deeply rooted in the Church's history. Since 1932, when Shonhiwa Masedza, later known as Johane Masowe, received his divine calling to the prophetic ministry, the Gospel of God Church has been synonymous with open-air worship and a profound connection to sacred spaces.
The Gandanzara Shrine, where Johane Masowe's remains are interred, is regarded as a cornerstone of the Church's spiritual identity.
Prominent lawyer Mr. Nickiel Mushangwe, representing the Masedza brothers, has stood firm in advocating for their rights, describing the High Court's decision as a vindication of familial and cultural obligations.
As the matter now moves to the Supreme Court, it remains a poignant and deeply symbolic legal battle, pitting the sanctity of sacred spaces against the enduring bonds of family and tradition.
