Two Mpumalanga women in legal battle for burial rights after both claim to be ‘wives’ of same man

The Mpumalanga High Court in Mbombela has ruled in favour of a woman claiming to be the first customary wife of a deceased man, granting her the right to bury him following a heated dispute with another woman who also alleged to be his spouse.

The urgent application, heard by acting Judge P.D. Kekana, centred on the burial of Zwide Greaten Nxumalo, who died on March 9, 2026, after being shot.

The case exposed a deeply contested conflict between two women—Nkateko Cleopatran Khoza, who was the applicant and Rikhotso Masana, the first respondent. Both women insisted that they were legally married to the deceased under customary law and therefore entitled to burial rights.

The dispute arose after Masana took control of funeral arrangements and scheduled the burial for March 15, 2026.  This prompted Khoza to approach the court urgently to halt the funeral and prevent the release of the body by AVBOB Funeral Services, pending a determination of who held the lawful right to bury Nxumalo.

An interim order was granted on March 12, 2026, postponing the funeral and stopping the release of the body. The matter then proceeded to determine final burial rights.

Khoza argued that she entered into a valid customary marriage with the deceased in 2010 following lobola negotiations, and they have two children together. 

She explained that the relationship deteriorated during 2023 when the deceased insisted that she resign from her employment in Lydenburg and move back home or commute daily instead of staying in Lydenburg. Upon her refusal, the deceased moved another woman into their shared residence.

Despite strains in their relationship, she said the deceased continued to visit her and at some point, the children lived with the deceased. She denied that the deceased was ever married to Masana.

Meanwhile, Masana contended that she married Nxumalo in 2021 in accordance with customary law and lived with him continuously until his death. She maintained that she was closest to the deceased in his final years and therefore best placed to oversee his burial.

However, Khoza disputed Masana’s timeline saying it was impossible because she lived with the father of her children until 2023 when she relocated to Lydenburg due to employment obligations.

The court was faced with conflicting versions, including competing lobola letters and divided support from the deceased’s own parents—his mother backing Masana, while his father supported Khoza. This, the court noted, further complicated the matter.

Judge Kekana emphasised that burial disputes require swift and practical resolution, focusing on fairness rather than conclusively determining marital status. The court found that it could not definitively establish the validity of either alleged customary marriage on the papers before it.

Instead, judge Kekana considered several factors, including proximity to the deceased, duration of cohabitation, the state of relationships, and cultural considerations. While Masana had been living with Nxumalo at the time of his death, the court placed significant weight on Khoza’s earlier lobola negotiations and her status as the apparent first wife.

“Generally, the first wife holds the highest status, often acting as mentor to junior wives…The applicant, due to the fact that her lobola negotiations predates the lobola negotiations of the first respondent should take the lead,” said judge Kekana.

Khoza was ultimately granted burial rights, with the court ordering that the deceased’s body be released to her or at her direction.

Importantly, judge Kekana emphasised that the ruling does not constitute a final determination of the validity of either customary marriage, stating that the judgment was made for the purpose of the burial.

No order as to costs was made.

[email protected]

IOL News

Get your news on the go, click here to join the IOL News WhatsApp channel.