THUYA Funeral Parlour has admitted administrative error resulted in the two corpses being mistakenly switched and buried under the wrong identities.
This admission was made by the funeral parlour’s owner and Managing Director Goodwill Muzi Simelane in a supporting affidavit.
The matter concerns the late Lindiwe Doris Nkambule and Annie Nyankwabi-Mhlongo, whose remains were inadvertently exchanged while under the custody of Thuya Funeral Parlour in Mayiwane. The error resulted in one family burying a body unrelated to them, while the remains of the other deceased were retained by the funeral parlour after the mix-up was discovered.
The urgent application was filed by Sibongile Nkambule, representing the family of Lindiwe Doris Nkambule, seeking an order directing the exhumation of remains buried at Emvelo Royal Kraal burial site, believed to be those of Nyankwabi-Mhlongo, so that the families could each bury their respective relatives correctly.
In the supporting affidavit, Simelane said on January 13, the funeral parlour received the human remains of Lindiwe Doris Nkambule from the applicant’s family for safekeeping and preparation for burial.
On or about January 14, the funeral parlour also received the remains of Nyankwabi-Mhlongo from the family represented by the third respondent, Dudu Dlamini.
He confirmed that due to an administrative and identification error, the remains of the two deceased persons were inadvertently switched whilst under the care and custody of the funeral parlour.
Simelane said the family represented by the third respondent collected the remains first, believing them to be those of their deceased relative.
It was upon the release of the remains to the applicant’s family that the error was discovered, and it became apparent that the third respondent’s family had been given and buried the remains belonging to the applicant’s family.
He stated that upon discovery of the error, the funeral parlour immediately informed both families. He confirmed that the remains belonging to Nyankwabi-Mhlongo were currently under the care and custody of the funeral parlour.
Simelane further confirmed that the funeral and burial of the remains belonging to Nkambule were conducted together with the third respondent’s family under the mistaken belief that the remains belonged to their deceased relative.
He stated that the error was wholly unintentional and arose from an administrative mix-up. He made the affidavit in support of the applicant’s application and to place the true facts before the court.
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The application was supported by a certificate of urgency deposed to by attorney Nomakhosi Mamba of Mabila Attorneys in association with N. Ndlangamandla.
Mamba stated that she had read the founding affidavit and formed the opinion that the matter was urgent because of the administrative mix-up. She stated that continued delay in correcting the error compounded the indignity to the deceased persons and their respective families.
She further stated that exhumation of human remains becomes increasingly complicated as time passes and that the applicant could not be afforded substantial redress at a hearing in due course.
The application further sought an order that the exhumation be conducted by relevant cemetery officials under the supervision of authorised health officials or a medical practitioner, in a dignified and respectful manner.
It also requested that, upon verification of identity, the remains be released to the applicant’s family for immediate re-interment at a place of their choosing.
Additional prayers sought directions that the Indvuna of Emvelo Royal Kraal, Thuya Funeral Parlour and other cited respondents render all necessary assistance to give effect to the order.
In her founding affidavit, Sibongile Nkambule provided background to the matter, stating that on January 13, her family suffered the death of Lindiwe Doris Nkambule.
The remains were conveyed to Thuya Funeral Parlour for safekeeping and preparation for burial.
She stated that, separately, another deceased person, Nyankwabi Mhlongo, was also under the care of Thuya Funeral Parlour.
Nkambule stated that due to an administrative or identification error, the remains of the two deceased persons were switched while under the care of the funeral parlour.
She stated that on January 17, prior to the scheduled burial, the applicant’s family discovered that the remains presented to them were not those of their deceased relative.
The matter was immediately raised with Thuya Funeral Parlour, whereupon it was confirmed that an error had occurred. By that stage, the remains of Lindiwe Doris Nkambule had already been buried by the third respondent’s family.
Nkambule stated that due to the error, her family had been deprived of the right to bury their deceased, while the third respondent had unknowingly buried a person unrelated to them.
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She stated that this situation constituted continuing indignity to both deceased persons and their families.
She submitted that exhumation was sought solely for the purpose of correcting the error and that no alternative remedy existed. She further stated that the relief sought was limited, supervised and respectful.
Meanwhile, another supporting affidavit was filed by Dudu Dlamini, representing the family of Annie Nyankwabi Mhlongo.
Dlamini said on or about January 17, her family collected the human remains presented to them by Thuya Funeral Parlour, believing them to be those of their deceased relative.
After the burial had taken place, they were informed by the funeral parlour that an administrative error had occurred and that the remains which had been given and buried did not belong to their deceased relative.
She stated that they were further informed that the remains belonging to their deceased relative were currently in the care and custody of the funeral parlour.
Dlamini confirmed that they were not aware of the error at the time of burial and that they had been informed of the applicant’s intention to seek an order for exhumation to correct the error.
She confirmed that they did not oppose the application and were in agreement that the remains be exhumed so that each family may bury their respective deceased relatives correctly.
She made the affidavit in support of the application and to place the true facts before the court.
Judge Masuku orders exhumation
JUDGE Sabelo Masuku who heard the application ordered the exhumation process.
However, it was not a smooth application as it came under heavy questioning by the judge.
The urgent application first came before Judge Masuku in the morning session.
In a judgment issued at 10am, Judge Masuku stated that the application did not explain the right of the applicant to the body of Lindiwe Doris Nkambule already buried.
He stated that Dudu Dlamini had been served, but was not in court.
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“There is no confirmation from her or Thuya Funeral Parlour that indeed they buried the body of Nkambule whom the applicant is claiming. There is also no suggestion that indeed the body of Annie Mhlongo has not been buried and it is the body they were to bury,” the judge stated.
Judge Masuku further stated that Thuya Funeral Parlour had not confirmed the mistaken swapping of the bodies.
“The papers before court disclose the cause of action. Application stands to be dismissed,” the judge ruled.
Following the dismissal, the applicant filed a fresh application later the same day, taking into account the issues raised in the dismissed application.
In a second judgment issued at 2pm, Judge Masuku said the applicant had filed a fresh application addressing the concerns raised earlier.
He stated that the court was satisfied that the application was in order.
Judge Masuku then granted prayers one to six of the notice of motion, thereby authorising the exhumation process as sought by the applicant.
The order cleared the way for the supervised exhumation of the remains buried at Emvelo Royal Kraal burial site so that identities could be verified and each family could proceed with the correct burial of their deceased relatives.
