Morwamakoto and Others v Radingwana and Others (7767/2021) [2023] ZALMPPHC 11 (14 March 2023)

Morwamakoto and Others v Radingwana and Others (7767/2021) [2023] ZALMPPHC 11 (14 March 2023)

The court found that the applicants failed to establish locus standi, particularly the first applicant, who did not provide sufficient evidence of a customary marriage to the deceased. The documentary evidence presented was inadequate, consisting of hearsay and unverified letters and notes, which did not meet the evidentiary requirements. The application was defective due to non-compliance with Rule 18(4), lacking clear and concise pleadings regarding the exhumation sought. The applicants failed to join the funeral service provider, a necessary party given the allegations made. There was a genuine dispute of fact, and the matter should have been brought by way of action proceedings rather...

Citation
[2023] ZALMPPHC 11
Parties
Applicant: Malepone Baby Morwamakoto; Applicant: Maakomane Caswell Radingwana; Applicant: Kgobalala Christ Radingwana; Applicant: Maakomane Philemon Radingwana; Applicant: Mamokgoshi Lorrain Mahlaba; Respondent: Martha Francinah Radingwana; Respondent: Dihabiso Tlakale Mankwana; Respondent: Phokwane Funeral Parlour; Respondent: South African Police Services; Respondent: Fetakgomo-Tubatse Municipality; Respondent: Department of Health-Sekhukhune District; Respondent: MEC-Department of Health
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
14 March 2023
Case Number
7767/2021
Procedural Posture
Civil Application / Preliminary Points in Limine
Outcome
Application dismissed; costs awarded against applicants on a punitive scale.
Judges
MDHLULI
Legal Topics
Locus Standi, Non Joinder, Customary Marriage, Exhumation of Human Remains, Motion Proceedings, Costs Orders
Civil Procedure Family and Children Locus Standi Non Joinder Customary Marriage Exhumation of Human Remains Motion Proceedings Costs Orders

Case Brief

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Parties

Malepone Baby Morwamakoto

Applicant

Maakomane Caswell Radingwana

Applicant

Kgobalala Christ Radingwana

Applicant

Maakomane Philemon Radingwana

Applicant

Mamokgoshi Lorrain Mahlaba

Applicant

Martha Francinah Radingwana

Respondent

Dihabiso Tlakale Mankwana

Respondent

Phokwane Funeral Parlour

Respondent

South African Police Services

Respondent

Fetakgomo-Tubatse Municipality

Respondent

Department of Health-Sekhukhune District

Respondent

MEC-Department of Health

Respondent

Procedural Posture

Civil Application / Preliminary Points in Limine

Legal Issues

  1. 1 Whether the applicants have locus standi to seek the exhumation and reburial of the deceased.
  2. 2 Whether there was non-joinder of necessary parties, specifically the funeral service provider.
  3. 3 Whether the application complies with Rule 18(4) regarding clear and concise pleadings.

Ratio Decidendi

The court found that the applicants failed to establish locus standi, particularly the first applicant, who did not provide sufficient evidence of a customary marriage to the deceased. The documentary evidence presented was inadequate, consisting of hearsay and unverified letters and notes, which did not meet the evidentiary requirements. The application was defective due to non-compliance with Rule 18(4), lacking clear and concise pleadings regarding the exhumation sought. The applicants failed to join the funeral service provider, a necessary party given the allegations made. There was a genuine dispute of fact, and the matter should have been brought by way of action proceedings rather...

Court Disposition

Application dismissed; costs awarded against applicants on a punitive scale.

Orders

  • The first and second respondents are granted condonation for late filing of their answering affidavit.
  • The points in limine are upheld.