A week to bury anywhere except CKGR—COA
Tsaone Basimanebotlhe | Monday December 12, 2022 13:11
The Court of Appeal (CoA) dismissed a case today in which the family of the deceased Pitseng Gaoberekwe wanted to bury their late father in the Central Kalahari Game Reserve (CKGR).
The deceased’s remains have been lying in the mortuary since mid-December 2021 pending finalisation of the court case.
Reading out judgment this morning, the justices of appeal ruled that the family had failed to establish any right for their late father to be buried in the CKGR.
“The appellant (family) has failed to establish any right either of himself or the deceased to bury the latter in the CKGR. Neither did he challenge the decision by the council and the wildlife department to refuse him to bury the deceased in the CKGR. This appeal as such is unmerited. The appeal is dismissed with no order as to costs,” the court of appeal judgment read.
Speaking to Mmegionline after judgment, the family spokesperson, Smith Moeti said that the court has ordered them to bury their father within seven days at any location they please except in the CKGR.
The family and the Department of Wild Life and National Parks have been in dispute over Gaoberekwe's choice to be buried in the CKGR. The family's contention is that their father had been a resident of the CKGR and therefore they cannot bury him anywhere else apart from CKGR.
"Our stand on the matter is still clear. Currently, we are waiting for the advice of our attorney. We will rather go to jail than bury him in any other area," Moeti said.
The background of the matter is that the deceased’s family currently residing in New Xade had informed the court that their father’s last wish was for him to be buried at the CKGR rather than New Xade stating that he had lived his entire life in the reserve.
The family contends that their father moved to New Xade for easy access to health facilities. However, the Ghanzi District Council had informed the family that they would not have the resources to assist the family to take the body to the CKGR, but matters turned for the worst when the Department of Wildlife and National Parks disputed his body being taken to the game reserve for burial.
Initially, the family had applied for an entry permit after they settled out-of-court with the Ghanzi District Council. The latter then took the matter to court seeking an order to bury the deceased in New Xade.
The council wanted Gaoberekwe to be buried in New Xade, but the family opposed this insisting that as per Sesarwa culture their father has to be buried in the CKGR where he originates.
Initially, the High Court had approved the settlement by the two parties which gave the family the green light to enter the CKGR to bury the deceased. However, things took a turn when DWNP made an application before the High Court barring the family entry into the CKGR.
Meanwhile, the Gaoberekwe family is said to be owing Joyce’s Funeral Parlour over P100,000.
“We owe the mortuary a lot of money. The last time we checked, which is two months ago, the bill was over P100,000," Moeti sai.
"At first, the council had covered some of the costs, but these are the ones we incurred after losing the court case and we have appealed the matter. The date for trial might be set for next month and that is why the cost might rise,” the family spokesperson told The Monitor then, at the end of October.