Wife or family? Who has the burial rights?
A legal dispute over the burial site of actor Seputla Sebogodi has highlighted the legal rights of surviving spouses in South African customary law. Experts note that courts generally prioritize the wishes of a surviving spouse over those of the extended family, provided the marriage is valid.
Why it matters
This case clarifies the legal standing of customary marriages and the rights of next of kin in funeral arrangements, which is a common point of contention in family law.
JOHANNESBURG - The widely reported clash over veteran actor Seputla Sebogodi’s final resting place has sparked renewed debate about who has the legal right to decide where a loved one is buried.
At the centre of the dispute is Sebogodi’s customary marriage wife of six months, who wants him to be buried in Polokwane, while his family believes he should be laid to rest elsewhere; this is according to a report on Daily Sun.
READ | 'He performed to move people': Seputla Sebogodi remembered
Attorney and funder of Sitter in Law, Tebello Motshwane, says South African courts recognise that the surviving spouse has the strongest claim to make decisions regarding the funeral and burial of the deceased spouse.
This, she said, is because the spouse is regarded as the deceased’s closest legal next of kin.
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