Z.T v V.E.M and Others (EL1110/2014, ECD 2410/2014) [2014] ZAECELLC 6 (4 September 2014)

Z.T v V.E.M and Others (EL1110/2014, ECD 2410/2014) [2014] ZAECELLC 6 (4 September 2014)

The court found that the applicant lacked locus standi to interdict the cremation of the deceased's remains. She was not married to the deceased, had not been formally introduced to his family, and no bride wealth had been paid. Her evidence regarding the deceased's burial wishes was inadmissible hearsay, as she was not a neutral party and her interests conflicted with those of the deceased's mother, the closest adult relative. The minor child, represented by the applicant, was not of sufficient age to make burial decisions, and Xhosa custom dictates such decisions are reserved for adult relatives. The application was dismissed with costs.

Citation
[2014] ZAECELLC 6
Parties
Applicant: Z. T.; Respondent: V. E. M.; Respondent: B. M.; Respondent: Kashe & Sons Sunset Funerals
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
4 September 2014
Case Number
EL1110/2014, ECD 2410/2014
Procedural Posture
Urgent Application / Application for Urgent Interdict Before Final Determination
Outcome
Application dismissed with costs.
Judges
P.W. Tshiki
Legal Topics
Locus Standi, Burial Rights, Customary Law, Urgent Interdict
Family and Children Civil Procedure Locus Standi Burial Rights Customary Law Urgent Interdict

Case Brief

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Parties

Z. T.

Applicant

V. E. M.

Respondent

B. M.

Respondent

Kashe & Sons Sunset Funerals

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict Before Final Determination

Legal Issues

  1. 1 Whether the applicant has locus standi to interdict the cremation of the deceased's remains.
  2. 2 Whether hearsay evidence regarding the deceased's burial wishes is admissible.
  3. 3 Whether the interests of the minor child justify intervention in burial arrangements.

Ratio Decidendi

The court found that the applicant lacked locus standi to interdict the cremation of the deceased's remains. She was not married to the deceased, had not been formally introduced to his family, and no bride wealth had been paid. Her evidence regarding the deceased's burial wishes was inadmissible hearsay, as she was not a neutral party and her interests conflicted with those of the deceased's mother, the closest adult relative. The minor child, represented by the applicant, was not of sufficient age to make burial decisions, and Xhosa custom dictates such decisions are reserved for adult relatives. The application was dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.