Durban – A widow who says her husband was not buried in accordance with his wishes, is now taking her stepchildren to court in a bid to have his remains exhumed and a second funeral arranged.
Susan Matumela Thuleli’s husband, Lalaza Russell Dlamini, died two weeks ago.
Late last week, the uMlazi woman rushed to the Durban High Court to have two of her husband’s children from an earlier relationship, Ntombi Cele and Nhlanhla Dlamini, urgently interdicted from proceeding with plans to bury him at the weekend.
She said that while she had been separated from Dlamini, prior to his death they had been trying to “repair” their relationship. She said in court papers that neither she nor his family from Vryheid had been consulted in accordance with Zulu customs about the burial.
“This may have severe ritual consequences,” she said.
Thuleli explained that Dlamini’s parents were buried in Vryheid.
“During the course of our marriage, Dlamini had always advised me that he wanted to be buried with his family in Vryheid,” she said.
An interim order was granted to put the funeral on hold, but when the matter came before Judge Sharmaine Balton on Tuesday, it emerged that – despite the court order – Dlamini’s children went ahead and buried him on Saturday.
The stepchildren were present in court on Tuesday but were not represented by an attorney.
Judge Balton explained to them that they would be given time to respond to any application brought by Thuleli in respect of the matter.
According to Thuleli’s court papers filed in the interdict application, the couple had been married for five years.
He died at their home on the evening of February 1, but she was not staying there at the time and his daughter subsequently removed his body and reported him dead.
Thuleli said she was only informed of her husband’s death by her niece on February 3.
Thuleli’s advocate, Nhlanhla Mfeka – acting on instructions from attorney Nqobile Zungu – said on Tuesday that his client wanted to hold another funeral and have the body reburied .
Judge Balton said on Tuesday that while Dlamini’s children might have acted in contempt of court by continuing with the funeral, a new application would have to be brought regarding the issue of exhuming the body and having another funeral.
If the stepchildren are found to be in contempt, they could face jail time.
Thuleli’s legal team has until later this month to file additional papers, in support of the relief she now seeks and/or a contempt of court application.
The matter will come before the courts again in late March.