By Nat Molomo MASERU — The High Court on Friday granted the widow of the late Mohale’s Hoek businessman, Phoka Ntšeno, the right to bury her husband.
The body of Ntšeno, who died of diabetes on January 2, has been lying at
the Lesotho Funeral Services mortuary after a row erupted between his widow and his family over who should bury him.
’Makatleho Ntšeno, 25, approached the court two weeks ago after Ntšeno’s family barred her from burying her late husband arguing her marriage to the deceased was no longer valid.
Ntšeno’s son Thabelo and the deceased’s brother, Ntomane, were cited as the first and second respondents.
But Ntšeno can now be laid to rest after Justice Semapo Peete ruled that the applicant, ’Makatleho, had the right to bury her husband.
Justice Peete ruled that ’Makatleho was the rightful person to bury Ntšeno although she had deserted her matrimonial home when the businessman died.
He however instructed that the burial should take place under the guidance of the Ntšeno family.
He added that if it was possible the businessman should be buried this weekend while other matters should be deferred until after burial.
Justice Peete ruled that although the marriage between ’Makatleho and Ntšeno was not a happy one, this did not nullify her rights as the surviving widow.
“The first wife ’Mathato having died ’Makatleho steps into her shoes,” he said.
Justice Peete said the ruling did not affect the question of who should be the heir or beneficiary of the estate of the late Ntšeno.
“Customary law is unequivocal that the son of the first family is the one who should succeed the estate of his father,” Justice Peete said.
“Under the custom as I have stated, even though the husband is hers (’Makatleho), the corpse belongs to the family and since the deceased and the applicant were not divorced, the applicant will have to bury him. I grant the application.”
The judge said although ’Makatleho is the rightful widow to the deceased, her wishes were subject to those of the family and were not absolute.
“If any monies are to be used she will have to cooperate with the family and if she refuses, she will be in contempt of court . . . she will have to comply,” he added.
’Makatleho had told the court that she eloped to Ntšeno’s house in 2002 while she was a student at Mount Tabor High School in Mafeteng.
“I eloped in December 2002 and my late husband took me to his place at Ha Thaba-Bosiu in Mohale’s Hoek,” ’Makatleho said.
She also testified that the following day, Ntšeno took her to his sister’s home at Holy Cross where he ran a grinding mill.
’Makatleho added that she was received by the deceased’s sister and a sheep was slaughtered to welcome her in accordance with Sesotho custom.
’Makatleho also produced documents showing that her husband had paid seven head of cattle as lobola (bride price) to her father.
She said they stayed together as man and wife and had two children.
She argued that Ntšeno and his first wife had already separated and divorced when she met him.
According to ’Makatleho, at the time of the deceased’s death she had fled to her parental home following a domestic quarrel.
She alleged that her husband was having an affair with their domestic worker. Ntšeno had threatened to stab her, she said.
She however stressed that when he died she still regarded him as her husband.
Advocate Mosoeunyane Masiphole who appeared for ’Makatleho appealed to the two parties to unite and bury the hatchet in order to bury the deceased.
“Although the court has ruled that the applicant is the rightful person (to bury the deceased), she cannot act unilaterally. She has to work in conjunction with the family”, he said.
Ntšeno is set to buried on Saturday at Ha Sekoati in Mohale’s Hoek.