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South Africa decisions
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Mohasoa and Others v Mohasoa and Others (B3028/2024) [2024] ZAGPPHC 1149 (11 November 2024)
The High Court reconsidered an ex parte burial order and held that the deceased should be buried near his late wife, based on his expressed wishes.
Makatasi v Metele and Another (389/2024) [2024] ZAECBHC 11 (18 May 2024)
The court found that, although the applicant and the deceased were physically separated at the time of his death, their marriage was not merely a formality and remained family-centered. The applicant had not severed marital ties, and the family, including the other children, supported her in taking the lead in burial arrangements. The first respondent failed to provide credible evidence that the deceased wished to be buried elsewhere or that the applicant's marriage was only nominal. The court applied the fairness approach, considering the applicant's role as surviving spouse and intestate he…
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