Navigating Human Remains: Legal Frameworks in Zimbabwe through Jurisprudence and Scholarly Insights

Handling human remains is a sensitive issue and requires strict adherence to the rule of law and respect for the deceased person's dignity. In Zimbabwe, the legal framework that guides the handling of human remains can be seen in different acts which include the Public Health Act, the Cemeteries Act and the Traditional Leaders Act. 1. Public Health Act [Chapter 15:09]: This Act provides guidelines on the handling of human remains in a way that prevents the spread of infectious diseases. According to Section 115, it is illegal to dispose of a body without due process. Kanyenze (2016) opines that this Act ensures that human remains are treated in a way that doesn't pose health risks to others. 2. Cemeteries Act [Chapter 5:04]: This Act regulates the establishment and maintenance of cemeteries. It also provides rules regarding the burial and exhumation of human remains. Thus, the Act serves to govern the proper handling of remains post mortem. Anderson (2013) notes that the Cemeteries Act curtails illegal burials and ensures that the sanctity of human remains is upheld. 3. Traditional Leaders Act [Chapter 29:17]: This Act provides for the role of traditional leaders in their respective areas of jurisdiction. Pertaining to the handling of human remains, traditional leaders may give direction on cultural practices vital in the treatment of the deceased. Moyo (2014) postulates that in Zimbabwe, there's a considerable influence of customary law in the treatment of human remains, which is regulated under this Act. 4. Inheritance Law: Zimbabwe's inheritance law, under the Administration of Estates Act [Chapter 6:01], touches on issues related to human remains implicitly. It covers rights and responsibilities of surviving spouses and relatives in handling the deceased's estate, including their remains. Buka (2012) highlights that this law provides certain legal rights to next of kin regarding decisions on the burial process. 5. Criminal Law (Codification and Reform) Act [Chapter 9:23]: Specifically, in Section 111, this Act criminalizes violating a grave or otherwise disturbing human remains without lawful authority. Murape (2017) explains that this Act helps prevent grave desecration. In conclusion, the legal handling of human remains in Zimbabwe is governed by various pieces of legislations. There are clear specifications on the disposal, exhumation and overall management of human remains to uphold public health, preserve dignity and respect cultural practices.