Times Of Swaziland: TUG-OF-WAR OVER WOMAN’S BODY

TUG-OF-WAR OVER WOMAN’S BODY
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Mbongiseni Ndzimandze on 17/10/2023 08:50:00


MBABANE – A South African man has run to court after his in-laws covertly took
the body of his late wife, who is a liSwati, into the kingdom for interment.
Doctor Magidi Mpapane has since obtained orders interdicting Dups Funeral Home
and Undertakers from releasing the corpse to his in-laws, stopping the burial of
his wife by her in-laws and that the body should be released to him. The wife,
Winile, is reported to have died on October 7, 2023 at Barberton Hospital in the
Republic of South Africa. The order by the court comes after Mpapane filed an
urgent application at the High Court. In his application, the applicant
(Mpapane) argued that his in-laws allegedly removed the body of his wife from
Barberton Hospital surreptitiously, without his knowledge and consent as the
surviving spouse.
Children
The applicant brought it to the attention of the court that even their children
were not aware on the whereabouts of their deceased mother. He contended that in
terms of the law, the primary duty to bury a deceased spouse lay with the
surviving partner. The applicant (Mpapane) argued that the matter was urgent as
the body of her late wife might be buried any time. Respondents in the matter
are Gugu Dlamini, Phinda Dlamini, Phila Dlamini, Sicelo Dlamini, Obed Dlamini,
Sophie Dlamini and Dups Funeral Home and Undertakers. In his founding affidavit,
Mpapane submitted that he married Winile in community of property on October 24,
1997 and same still subsists. He stated that with Winile, they established their
marital home at Malelane in the Nkomazi Municipality, in Mpumalanga Province.
According to the applicant, this was known by his in-laws. The applicant
highlighted to the court that they had two children and one of them was
currently attending school in Nelspruit.
It was his averment that the minors were not consulted before the body of their
late mother was taken to Eswatini. “The deceased and I had some marriage
challenges and we have not been living together for a limited duration. However,
the deceased and I were always in constant contact as we have two children.
Inasmuch as we had challenges in our marriage, this did not affect our
relationship,” alleged Mpapane. He submitted that they were not enemies with
his late wife. According to the applicant, most of his late wife’s clothes
were still at their matrimonial home. He alleged that at the time of her demise,
the deceased still had keys to their matrimonial home and would come and go as
she pleased.
Sentimental
Mpapane alleged that the marital home was also of sentimental value to his late
wife and she had frequently expressed to him that she wished to be buried in the
Republic of South Africa, close to it. “Up until her death, the deceased was
my wife and I was responsible to her as a husband apart that we did not sleep on
the same bed. I also ate her food when she visited the marital home,” alleged
the applicant. He narrated to the court that on October 11, 2023, he heard from
a relative that his wife had passed away. Mpapane said he informed his family
and waited with the hope that his in-laws would include him and his family to
prepare and arrange the burial of the deceased. He claimed that his in-laws did
not involve him and his family.
“Upon further investigation, I have further learnt that the deceased died on
October 7, 2023 at Barberton Hospital and her body was surreptitiously taken
without consulting me, the minor children or my family,” alleged the deponent.
He submitted that the alleged unorthodox removal of his wife’s body from South
Africa was, therefore, done under stealth. He said he was uncertain how the
respondents managed to remove the body of the deceased, who was married in South
Africa, to Eswatini. He said he had been advised that in such situations, the
consent of the surviving spouse was needed but none was sought from him. “I
have now established that the respondents approached the Department of Home
Affairs in South Africa and under questionable circumstances, obtained a death
certificate without my assistance. This is despite that in terms of the civil
registry in South Africa, I am still the one who ought to have obtained the
death certificate,” he argued.
Mpapane said he was not certain how the respondents managed to obtain the death
certificate without his assistance or consent. The matter is pending before
Judge Nkosinathi Maseko and the respondents are expected to show cause why the
order should not be made final.  The applicants are represented by Jasmine
Dlamini of Robinson Bertram.