In Johannesburg City Parks & Zoo and Another v G.Z,
a full bench of the Gauteng Division of the High Court of South
Africa, Johannesburg, dealt with who holds the rights to erect a
tombstone on a gravesite.
Background
The late husband of G.Z ("the
deceased") obtained by default a divorce decree which
was subsequently set aside. As such, G.Z and the deceased remained
married. The deceased was then killed in a shooting incident. The
family of the deceased, specifically T.M., the deceased's
sister, refused G.Z the right to participate in the burial of her
husband. The deceased was buried at Westpark Cemetery. Despite the
attitude of the deceased's family, G.Z covered the burial costs
which amounted to ZAR4 500.00, and G.Z was appointed as the
executrix of the deceased's intestate estate.
