Begrafnisregte in die konteks van die Afrika-gewoontereg en die rol van die testamentopsteller

Abstract

Religious and cultural practices and values play an important role in funerals and how they should be conducted. This creates considerable conflict between heirs and family members, especially those living under a system of African customary law, when someone dies and funeral arrangements have to be made. This whole issue can be brought under the concept of burial rights. This "right" to bury a deceased family member can be quite problematic in two ways: first, when the question of who should bury the deceased must be decided, and secondly when the question of where the deceased must be buried has to be decided. Not only do these two questions give rise to conflict among the family members of the deceased, but they also lead to considerable confusion in the courts, especially where there is no agreement on the exact principles to be applied