File photo used only for illustrative purpose
Chief Bagcine Mkono from Mchonkco Village, in
Ngqeleni, South Africa has been dead for up to one
year, however, his body has remained unburied.
The man's body is still lying in a cold mortuary because
his two wives are still involved in a bitter legal battle
over the right to bury him.
According to Daily Sun SA, at the time of his death, the
chief was living with his second wife, Nonzwakazi.
Just a day before his funeral last November – the
chief’s first wife, Noncedile, contested the legality of the
second wife by taking her to court. However, the second
wife is refusing to hand over the body, claiming that the
chief’s dying wish was to be buried by her.
On Wednesday the Mthatha High Court of Appeal
dismissed with costs the leave to appeal application by
Noncedile.
Judges Rob Griffiths and Nozuko Mjali reprimanded
Noncedile’s lawyer Advocate Mwelo Nonkonyane for
coming to court unprepared.
Nonkonyane admitted to not having read the Mthatha’s
High Court judgment and order, in it’s entirety, which
was delivered on 14 October.
Judge Mjali said: “After hearing arguments from the
defence, we found no reasonable prospect that another
court can find anything different from what we had ruled
on. The application for leave to appeal is dismissed with
costs.”
The judges dismissed the claims that the will was
fraudulent asking the second wife to go ahead and bury
the dead.
However, some residents left the court disappointed.
“Culture dictates that the husband be buried by his first
wife. This woman won’t bury Bagcine in our village. We
won’t sit and watch that kind of disrespect,” said one
angry grandmother.
Chief Bagcine Mkono from Mchonkco Village, in
Ngqeleni, South Africa has been dead for up to one
year, however, his body has remained unburied.
The man's body is still lying in a cold mortuary because
his two wives are still involved in a bitter legal battle
over the right to bury him.
According to Daily Sun SA, at the time of his death, the
chief was living with his second wife, Nonzwakazi.
Just a day before his funeral last November – the
chief’s first wife, Noncedile, contested the legality of the
second wife by taking her to court. However, the second
wife is refusing to hand over the body, claiming that the
chief’s dying wish was to be buried by her.
On Wednesday the Mthatha High Court of Appeal
dismissed with costs the leave to appeal application by
Noncedile.
Judges Rob Griffiths and Nozuko Mjali reprimanded
Noncedile’s lawyer Advocate Mwelo Nonkonyane for
coming to court unprepared.
Nonkonyane admitted to not having read the Mthatha’s
High Court judgment and order, in it’s entirety, which
was delivered on 14 October.
Judge Mjali said: “After hearing arguments from the
defence, we found no reasonable prospect that another
court can find anything different from what we had ruled
on. The application for leave to appeal is dismissed with
costs.”
The judges dismissed the claims that the will was
fraudulent asking the second wife to go ahead and bury
the dead.
However, some residents left the court disappointed.
“Culture dictates that the husband be buried by his first
wife. This woman won’t bury Bagcine in our village. We
won’t sit and watch that kind of disrespect,” said one
angry grandmother.
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