Burial dispute finally over as court rules

16 October 2009 - 02:00
By Frank Maponya

THE dispute over the burial of a woman who died while being transported to hospital two weeks ago is finally over.

This after the Phalaborwa magistrate's court ruled that Christina Makhuvele should be buried by her children in Lulekani.

Makhuvele, 67, had been at the centre of a controversy between her own family and that of her brother, Elmon, who lives in Cottondale village near Acornhoek.

After she had died on October 1 her children in Lulekani made preparations to bury her, only to be surprised last Friday when their uncle arrived with the police and his lawyer to deliver a court interdict stopping the burial.

He allegedly wanted the burial of his sister to take place in Cottondale, citing that his sister was not legally married to the children's father and so could not be buried at her in-laws.

He also claimed he had raised the dead woman from childhood and had the right to bury her at the family's cemetery, where she would be closer to other relatives.

But the court ruled against him and granted the children the right to bury their mother.

It also ruled that Elmon should not set his foot at thefuneral, failing which he will have contravened the court order and will be fined.

The court ruled that he must pay all costs, including the legal fees and burial costs, because he had wasted the family's time.