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Case file s626 · Egypt and Africa · 2013
2013
Nelson Mandela: From Wash D.C. Longworth building October 4, 1994. Mandela's first trip to the United States.
Nelson Mandela. Kingkongphoto & www.celebrity-photos.com from Laurel. CC BY-SA 2.0, Wikimedia Commons.
Died
5 December 2013 (Nelson Mandela; the graves case was decided in July 2013, while he was alive)
Place
Qunu and Mvezo, Eastern Cape, South Africa
Field
Politics; family graves · Politics and government on the timeline
Legal tradition
Order of the Eastern Cape High Court, Mthatha; Xhosa customary law as argued by the parties · Customary law
Historical event
Nelson Mandela's final illness, June to December 2013
Religion
Nelson Mandela: Protestant and Anglican (recorded as Methodism on Wikidata; 20th-century Methodists, 21st-century Methodists, South African Methodists on Wikipedia)
Member of
American Academy of Arts and Sciences, The Elders, African National Congress, South African Communist Party (Wikidata)
Mandela Residence in Qunu: Qunu
Mandela Residence in Qunu. Kishyr Ramdial. CC BY 2.0, Wikimedia Commons.

Nelson Mandela's grandson moved three of Mandela's children's graves to his own village, and 16 relatives won a court order to return them to Qunu in 2013

Three of Nelson Mandela's children were buried in the family graveyard at Qunu, his childhood village in the Eastern Cape: his daughter Makaziwe, who died as an infant in 1948; his son Madiba Thembekile, killed in a car accident in 1969; and his eldest son Makgatho, who died in 2005. In 2011 Makgatho's son Mandla Mandela, chief of the Mvezo traditional council, moved their remains to his homestead at Mvezo. He said the move was temporary until Mandela's will settled where Mandela himself would be buried. In June 2013, while Mandela was in hospital, his eldest daughter Makaziwe and 15 other relatives made an urgent application to the Eastern Cape High Court in Mthatha. Judge Lusindiso Pakade ordered Mandla to return the remains to Qunu by 3pm on 3 July 2013, failing which the sheriff would move them, and ruled his counter-application procedurally improper. Mandla argued that as Makgatho's eldest surviving son he was entitled to decide where his father lay, and that customary law did not require Mandela to be buried beside his children. Relatives laid grave-tampering charges against him. On 3 July the sheriff and family members broke through the gates at Mvezo. The remains were tested and on 4 July were reburied at a new site on Mandela's Qunu farm. Mandela died on 5 December 2013 and was buried at Qunu on 15 December.

What the law took from it

Where a family has not written down who decides on its graves, the heir who controls the land can move them until a court says otherwise.

Cite as: celebrity.estate, “Nelson Mandela's grandson moved three of Mandela's children's graves to his own village, and 16 relatives won a court order to return them to Qunu in 2013,” story s626, https://www.celebrity.estate/nelson-mandela-2013, updated 30 October 2026.

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