Son Prevails Over Stepfather For Mother's Remains
Goitsemodimo Kaelo | Monday March 16, 2020 16:52
The fight over who has the burial right of the deceased Dineo Baitsemi between her son and husband began immediately after her death on February 27, 2020, which delayed her burial by almost three weeks.
The son, Karabo Moatlhodi, 26, had taken the matter to court on urgency as he wanted to bury his mother in Palapye as per her wishes while her husband Modiri Baitsemi, whom she was allegedly not in good terms with at the time of death, wanted her to be buried in Mmadinare, his home village.
In his founding affidavit, Moatlhodi said Modiri had no right to bury his mother because the marriage between the respondent and his late mother was an empty shell. Through his attorney, Uyapo Ndadi, the deceased’s son argued that although the two were legally married, their marriage did not exist in real life, but it only existed on paper.
Modiri, a Botswana Defence Force Lance Corporal and Dineo who was a teacher, were married in 2013, but according to court papers, their marriage was clouded by challenges.
Moatlhodi said his mother died miserably, full of anger and in despair on account of the respondent’s behaviour towards her. He said the respondent extended his abuse towards him and kicked him out of their matrimonial home.
“Respondent physically abused my mother as I have already said. He also emotionally and verbally abused her. The abuse was so widespread that my mother had to seek refuge at the Women’s Shelter,” he said.
According to court papers, the deceased had also obtained a protection order against her husband.
It is also said that throughout her sickness the respondent was not interested in caring for her, leaving the task to her sisters, Boitumelo Maswabi and Nametsegang Dexter, who took turns to take care of her.
The son told the court that following his mother’s passing, his stepfather harassed him and his aunts and claimed “my mother’s corpse from us and all her belongings including bank cards”.
It is stated that the deceased had funeral covers with Botswana Life, BOSETU, Botswana Teachers Union (BTU) and BOPRITA.
It is said Modiri had rushed to claim them upon his wife’s passing save for BTU that reserved only P25,000 for the son. Meanwhile, Modiri is alleged to have received over P100,000 in benefits.
Modiri argued that as the surviving spouse, he had the burial right of his wife and could decide where she is buried. He said their marriage was functional and averments that it was an empty shell were mere allegations.
He said the allegations that the deceased was running from their matrimonial home when she was admitted at Women’s Shelter because of his abusive behaviour were unfounded.
“If you look at the circumstances leading her to move out of our home was purely of health. It had nothing to do with the alleged abuse,” he said. He accused the deceased elder sister of frustrating his efforts in caring for his wife. He said like any other marriage, theirs had challenges. He said the averments that the deceased wished to be buried in Palapye were false and should not be believed without any documentation supporting it.
He said the reason he had delayed burying his late wife was not to be spiteful but it was on account that he did not have the means. He said he had now made all necessary preparations.
However, Justice Reuben Lekorwe ruled in favour of the son and ordered that the deceased be buried in Palapye as per her wish.
Lekorwe ordered the respondent to remit forthwith all the burial funds, or any other items purchased therewith in connection to the burial to the applicant. The court also ordered the respondent to pay the cost of suit.