Three court applications later and nearly two months after a man died, he can now finally be laid to rest following a legal tussle about where his final resting place should be.
The family – not identified as it is a sensitive issue – wanted the resident of Midrand buried in a small village in Limpopo, arguing that this is where he came from originally and where the family can do their rituals.
But the man’s only son said he and his father had been living in Midrand until his father’s death in June – and this is where he should be laid to rest.
The family initially turned to the Limpopo High Court, sitting in Polokwane, on an extremely urgent basis. They asked that a Gauteng funeral parlour hand the body over to them, so that they could take it to the village for burial.
The man’s son was only given about an hour’s notice of the application and he could not be at court on such short notice to defend the matter.
The judge at the time gave the family the green light to bury the body.
The son soon after turned to court in a successful bid to have the previous order overturned.
The family subsequently appeal led against the order that they may not bury the deceased in Polokwane.
Acting Judge M Bresler said before the hearing the matter that the parties were once again urged to consider an amicable settlement. This endeavour proved unsuccessful.
“This matter is of a vexing nature. It is understandable. The appellants (family) and first respondent (son) displayed a clear desire to put their loved one to rest in a dignified manner, and at a place fitting and representative of their love and respect for the deceased.”
It was unfortunate that they could not align their goals, the judge said..
The family submitted that it was their custom to bury family members in one location so that when they perform family rituals, they do not “struggle”. They said the son had no appreciation for their culture or customs.
Burying the deceased in Gauteng would be tantamount to a breach of their culture and customs, the family said. But the son said he was the only child of the deceased, who raised him in Midrand. Tthey had built a life there and his father had cut ties with the village where he came from, he said.
His father expressly indicated his wish to be buried at Fourways Memorial Park, Gauteng, he added.
The judge said it was important to note that neither the family nor son claimed that a close familial bond existed between all of them.
The family simply stated in their affidavit that the deceased was a resident of the village, without elaborating. This, while the deceased had been living in Midrand for the past 30 years.
Judge Bresler said the family also did (not) provide any proof that the deceased showed any appreciation for the “culture and customs” of the family. “The question of who may bury a deceased or choose his final resting place in the absence of instructions from the deceased, is often contentious. The point of departure is normally the wishes of the deceased himself,” the judge said.
He noted that the son said his father had often expressed his wish to be buried in Memorial Park, Fourways.
“The deceased and first respondent (on) enjoyed a close relationship and a potential burial site would have been discussed given the deceased’s deteriorating health,” the judge said.
“It appears the basis of the application to have the deceased buried in the village is their own ‘customs and traditions’ … and that a burial in Midrand will be inconvenient for them.”
It may be inconvenient for the family, but it was not impossible for them to show their respects in Midrand, he said.
Pretoria News