Feuds regarding the right to bury a deceased person have the potential to permanently divide a family.

These are sensitive disputes best suited to be mediated and resolved by family elders, rather than being brought to court where there is usually no winner.

The Star reports this is according to Limpopo High Court (Polokwane) Judge Maake Kganyago, who said applications involving a tussle over a body usually divide families.

‘It is the time when the family should be united more than ever, and prepare to give the loved one a dignified burial, rather than hang their dirty linen in court,’ Kganyago said.

This was in relation to an application by a widow whose estranged husband died days before their divorce was due to be finalised.

The widow approached the High Court a day after she received the news that her husband had died earlier this month. His sister-in-law, who had been taking care of him for the past three years, and his sister, were going to bury him.

But the widow said she was still his wife and it was up to her to bury him. The other family members objected as they said she was the one who had instituted the divorce proceedings.

Shortly before his death, he agreed to a divorce and the parties agreed to equally divide their assets. The divorce could not be finalised as the court interpreter could not be present. It emerged that a day after she heard about his death via family members, the widow withdrew her divorce action and prepared his graveside.

When her husband's family found out, they objected and said it was against his last wishes that she should have any involvement in burying him. The widow, however, insisted that it was her duty as, on paper, they were still married.

Kganyago said it was opportunistic of the applicant to withdraw her divorce action immediately after learning of the deceased's death, as she knew the implications it would have on her in relation to her right to bury the deceased.

According to The Star, he also frowned upon the fact that she never told the court this, but that her husband's family members brought it to the court's attention. In turning down the application, the judge said the wishes of the deceased had to be respected, whether expressed in a testament or not.

Kganyago ruled that by finally agreeing to the divorce, the husband made it clear that he was severing all ties with his wife.

Full report in The Star

Judgment