SA widow wins right to bury husband in Cape Town instead of Plumtree
A bitter burial dispute has been resolved by the High Court in Johannesburg, prioritizing the deceased’s wife and children’s wishes and his stated preference to be buried in Cape Town, South Africa, rather than in Plumtree, Zimbabwe.
The deceased’s partner, claiming customary law marriage, conflicted with his brother Johnson Mahoka Dube, who insisted the deceased was Zimbabwean and should be buried there. The man’s child a minor was the second respondent claimed his father had told him he wanted to buried in Cape Town, when he took him to a hospital after he sustained burns leading him to his death.
The court found the deceased lived and worked in South Africa for decades, building a family life in Cape Town. The deceased ran a security company in Johannesburg before moving to Cape Town.
Judge MV Noko ruled children’s rights take priority when there’s no will, stating burial decisions don’t rest solely with the eldest child. The court accepted the deceased’s expressed wish to be buried in Cape Town as compelling.
Key points:
– The deceased and his partner had two children.
– The partner claimed customary marriage since 2001, supported by a lobola letter.
– Dube the elder brother disputed the marriage and citizenship, claiming fraudulent South African documentation.
– The court couldn’t determine marriage validity due to entangled citizenship disputes.
– Children’s best interests and the deceased’s wishes guided the decision.
– Cape Town burial deemed appropriate given the deceased’s life and family ties there.
The deceased’s elder brother, Johnson Mahoka Dube from Plumtree, Zimbabwe, who opposed an application related to his late brother. He claims the deceased and a woman were not married and alleges they fraudulently obtained South African identities and citizenship, both originally being Zimbabwean.
The evidence he submitted includes:
1. Photographs of a Zimbabwe ceremony attended by the deceased and the woman.
2. A Facebook page screenshot where the Dubes’ family wished the woman a happy birthday.
3. Affidavits and photos from the deceased’s Zimbabwean children showing them with their stepbrother (the second applicant).
The court ordered the body released for burial in Cape Town, with the second respondent ordered to pay costs. FANUEL VHIRIRI
