Nelson Mandela's grandson, Mandla, was expected to tell a court on Wednesday that he had a cultural right to decide where the former statesman is buried.

According to court papers due to be served in the Eastern Cape High Court in Mthatha, and seen by Sapa, Mandla Mandela will argue that as the oldest surviving male descendant, he was entitled to make the decision if his grandfather's last will and testament did not specify his burial place.

However, he would only make a decision after consulting with Mandela's wife, Graca Machel, the government and the Amadlomo royal families.

Mandla is challenging a court order compelling him to return the remains of three family members he had moved from Mandela's home in Qunu to his own home in the village of Mvezo in 2011.

Last week 15 members of the family, who include Mandela's daughters, Makaziwe Mandela, Zindzi Mandela, Zenani Mandela, his ex-wife Winnie Madikizela-Mandela, and Machel (applicant number 12), were granted an urgent order for Mandla to return the remains to Qunu.