NEIGHBOURS STOP BURIAL OF SUICIDE VICTIM

MANZINI – The funeral of a man who reportedly died from committing suicide was stopped at the 11th hour after eight siblings at Kukhanyeni approached the High Court to stop his interment.

They contend that they did not wish for the deceased Mfundo ‘Mgwaja’ Gamedze to be buried in their family graveyard because, among many other reasons, Eswatini custom was quite clear on how and where a person who is alleged to have committed suicide should be buried. They also contend that the place where the deceased Mfundo ‘Mgwaja’ Gamedze was to be buried was initially allocated to their late grandfather, Abraham Shongwe, who passed away some time in 2000. The siblings claim that the grandfather had one child, being their biological father, the late George Mfanyana Shongwe.

The applicant in the matter is Elizabeth Matimba, who is represented by Attorney Sibonginkosi Jele and the interim order was granted by Judge Sabelo Masuku. The respondents in the matter are Christopher Gamedze, Eswaceni Royal Kraal, as well as the national commissioner and attorney general being the fourth respondent. In motivating the application to stop the funeral, Matimba nee Shongwe, who is the oldest biological daughter of the late George Mfanyana Shongwe, related that as siblings, life had taken them in different directions. She submitted that her sisters were married and stayed at their matrimonial homes, including herself. The applicant alleged that their younger brother, Ben, was the one who stayed at their parental home at Kukhanyeni and was the one who was in charge of the homestead.

The applicant further submitted that sometime in 1998, while their grandfather was still alive, a Mkhonta neighbour was buried at their homestead. She highlighted that her grandfather tried in vain to stop the burial of their neighbour but failed as he was old and frail at the time. “I wish to submit that after the demise of my grandfather, 10 other people who are Shongwes were buried in the family graveyard and only three are our relatives,” the applicant submitted.

Graveyard

She further alleged that the seven people were buried as per the directive of the second respondent. The applicant supposed that no consent was sought from herself and her siblings. She added that there were 15 Shongwe people who had been buried in the family graveyard. This, according to the applicant, meant that there were 26 graves at the family graveyard at the Shongwe parental home.Narrating the incident, the applicant recalled that on or about June 3, the first respondent’s son, Mfundo, passed on. She stated that the deceased was alleged to have ingested a poisonous substance. “I wish to hasten add that the deceased is technically my neighbour, as there is a homestead separating my parental home with that of the deceased,” she submitted.

The applicant elaborated that on Sunday June 4, the deceased’s uncles, Ray Dlamini and Nhlanhla Gamedze, came to her parental home and found her younger brother. She narrated that the two indicated that they had been sent by the first respondent and they were requesting that they bury the deceased at their paternal home.She submitted that her younger brother informed the pair that such could not be possible as the graveyard was reserved for family members. She highlighted that her brother advised the two that they should bury the deceased in any of the two designated burial sites in the area where residents of Kukhanyeni were buried. On Tuesday June 6, the applicant submitted that she was telephonically contacted by the chairman of the second respondent inner council, Johannes Bhembe, who informed her about the demise of Mfundo. She highlighted that Bhembe further informed her that the family of the deceased, in particular the first respondent, was requesting that the deceased be buried at the Shongwe homestead. She said she respectfully objected to such.

On the following day, in the evening, she recalled that upon his return from home, her brother discovered that a certain portion at the family graveyard within the homestead had been cleared. She submitted that she left her matrimonial home at Malindza on Thursday June 8, to Kukhanyeni, to see if what she had been informed by her younger brother was indeed true. She told the court that she discovered that indeed the family graveyard had been cleared.The applicant alleged that she thereafter contacted Mandla Ginindza, an overseer in the area, who is also a member of the second respondent’s inner council. “I voiced out my grievance to what was happening at my parental home. Mr Ginindza advised that we adhere to the instruction of the chairman of the second respondent, Mr Bhembe,” she submitted.

Relative

The applicant further supposed that she and her brother went to the Manzini Police Station, wherein she reported the matter. She alleged that the chairman of the second respondent was contacted and he stated that any discussions in the matter should take place after the funeral. She detailed that she then sought the services of their present attorney upon the advice of the officers of the third respondent, as they stated that they could only assist them if directed to do so by the High Court. “I wish to submit that in this application, I humbly seek to interdict the deceased from being buried at the Shongwe family graveyard. The deceased is neither a Shongwe nor a relative to the Shongwes,” she submitted.

The applicant added that the fact that seven people who were not Shongwes had been buried in the family graveyard was not a leeway for the first respondent to bury his beloved son at the Shongwe homestead. She stated that she and her siblings had agreed to challenge the burial of the seven people that were buried in their parental home without their consent. She further submitted that her family sympathised with the first respondent in having lost his son. “No parent should bury his own son. I believe that the dead still deserve some dignity and are not mere pawns to be trifled with and be tokens in a fight of wills. The second respondent should not use the deceased to show its power and control in the area,” the applicant averred.
She further reiterated the fact that there were two designated burial sites in the area, which were reserved for residents at Kukhanyeni. The applicant stated that the first respondent could bury his beloved son at any of the two cemeteries upon the directive of the second respondent. She pointed out that she was advised and believed that if she and her siblings continued to allow residents of the area to bury their loved ones in  their parental home, they would be indirectly giving away the land which was allocated to their grandfather.

Meanwhile, she revealed that the family graveyard was approximately 50 to 60 metres from the main houses within the homestead. “The burial of strangers in the family graveyard has created serious problems as strangers enter the premises to perform traditional rituals at the gravesite. Such cannot be allowed to continue,” she asserted.She went on to express that what compounded things the most was the manner in which the deceased passed on.  “Our Swazi custom is quite clear on how and where a person who is alleged to have committed suicide is buried,” she submitted. She further motivated her application by stating that the matter was urgent due to the fact that the gravesite at their parental home had already been cleared, adding that the death notice published on the local newspaper stated that the funeral would be on June 10.

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