South Africa Case Law

Malepe v Thobejane and Another (1127/2018B)

Malepe v Thobejane and Another (1127/2018B) [2018] ZALMPPHC 14 (23 February 2018)

Court

Limpopo High Court, Polokwane

Case number

1127/2018B

Judge

Kganyago

The court found that the applicant failed to make full and honest disclosure of material facts, specifically her institution of divorce proceedings against the deceased and her relationship with another partner. The applicant had disassociated herself from the deceased prior to his death, as evidenced by the divorce summons and her own statements. The deceased had expressed a wish to be buried by the first respondent in cooperation with his family, and this was corroborated by the deceased's brother. The applicant's reliance on the marriage certificate was insufficient given her conduct and l…

Source excerpt

• Right To Bury
• Urgent Interdict
• Disclosure Of Material Facts

Ntoagae v Makabanyane and Another (M420/2015)

Ntoagae v Makabanyane and Another (M420/2015) [2015] ZANWHC 78 (12 November 2015)

Court

North West High Court, Mafikeng

Case number

M420/2015

Judge

DJAJE

The court held that no valid customary marriage was proved because the bride had not been formally handed over, so the applicant had no right to bury the deceased.

• Customary Marriage Requirements
• Right To Bury
• Handing Over Of Bride
• Burial Arrangements
• Customary-marriage
• Burial-rights

Ramonare v Molly's Funeral Parlour and Another (4277/09)

Ramonare v Molly's Funeral Parlour and Another (4277/09) [2009] ZAFSHC 83 (10 September 2009)

Court

Free State High Court, Bloemfontein

Case number

4277/09

Judge

Lekale

A South African High Court held that the deceased died partly intestate, so the surviving spouse shared heirship and was entitled to bury him.

• Right To Bury
• Intestate Succession
• Testamentary Interpretation
• Customary Law Application
• Right-to-bury
• Intestate-succession