Anathi Ntshate, who claimed to be Zitshu’s adopted son, and “the only rightful person to bury” her, and Luvuyo Zitshu, her husband’s cousin, sued her two biological sisters and her niece for burying her in Makhanda, where she was born.
Zitshu’s family then made arrangements for her funeral “at a considerable expense to their family”. According to the judgment, Zitshu’s in-laws tried to make amends and acknowledged that suggesting that she be buried in Makhanda “was a mistake”. “Those included buying a plot at the graveyard, buying a tombstone, paying an undertaker, hiring chairs, funeral venue, transport, etc. That many of these expenses would not have been recoverable were the funeral to be cancelled or moved to Peddie.
“They however deny that [Ntshate] was adopted in terms of customary law or otherwise by the deceased and her husband,” the judgment reads. Judge Nomathamsanqa Beshe on Thursday granted the order for Zitshu’s exhumation but dismissed Ntshate’s application to be declared “the only rightful person to bury Zitshu”.
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