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Mthatha High Court judge, Lusindiso Pakade, is expected to rule on Wednesday on an application to have the remains of Nelson Mandela’s three children to be exhumed and returned to his home in Qunu.
The application was brought by 16 members of Mandela’s family against his grandson, chief Mandla Mandela, who removed the remains to Mvezo where he is chief.
Meanwhile, members of the Mandela family had opened a case of grave tampering against Mandla Mandela at the Bityi police station, said Lt-Col Mzukisi Fatyela.
Tuesday's hearing was attended by Mandela's eldest daughter Makaziwe Mandela, his grandson Ndaba and granddaughter Ndileka, but not by Mandla Mandela.
The Eastern Cape High Court in Mthatha postponed the matter until Wednesday.
The graves are those of Mandela's eldest son, Mandla's father, Makgato Mandela who died in 2005; Mandela's first daughter
Makaziwe, who died as an infant in 1948; and Mandela's second son Madiba Thembekile, who died in a car accident in 1969.
Last week, the court ordered Mandla, the official head of the Madiba clan and an ANC MP, to return the remains to Nelson
Mandela's childhood home of Qunu, from his birthplace of Mvezo.
However the process was delayed because of an error on the court order giving him until "July 29" to move the remains instead of "June 29".
Mandla Mandela's counsel Phillip Zilwa said in court that he had not been properly served with court papers and that the order had therefore been granted erroneously and should be rescinded. "This order should never have been granted in the first place,"
Zilwa said.
David Smith, counsel for 16 Mandela family members, said Mandla Mandela's behaviour in the case had been "reprehensible".
"The first respondent disingenuously tried to suggest he was misled by a mistake in court order," Smith said.
The applicants want the remains exhumed on Wednesday afternoon.
