Mbabane – A family dispute over where Lucia Mndzebele (born Mavuso) should be buried has landed before the High Court, with her son, Thembinkosi Mndzebele, seeking an urgent order stopping relatives from holding her funeral and burial at his homestead.
Mndzebele has approached the High Court seeking an interim interdict against his siblings and other relatives, arguing that they intend to bury his mother at his Ekudzingeni, Mlindazwe homestead despite his objection and an existing traditional authority ruling recognising him as the lawful occupier of the property.
The matter, filed under Case No. 1905/2026, was set down before the High Court on Monday.
In his urgent application, Mndzebele cited 11 respondents, including his relatives, the National Commissioner of Police and the Attorney General.
He wants the court to stop the respondents from conducting the funeral service, vigil, burial or any related activities at his homestead pending the final determination of the dispute.
According to court papers, Mndzebele claims he acquired the homestead through the Kukhonta process in accordance with Eswatini law and custom, and that he has lived there with his family for several years after developing the property at his own expense.
He states that his late mother had been allowed to stay at the homestead after he invited her to assist with caring for his children, adding that he constructed a separate dwelling for her.
Mndzebele alleges that some of his relatives later moved into the homestead and that relations eventually deteriorated, leading to a dispute over ownership and occupation of the property.
He told the court that the matter was taken before traditional authorities, which ruled that he was the lawful occupier of the homestead and authorised him to evict the respondents if they failed to leave.
However, before the eviction order could be served, Mndzebele’s mother passed away on July 30, 2026.
The applicant alleges that he was not informed about his mother’s death by the relatives residing at the homestead and only learnt of her passing after returning home and finding several vehicles parked at the property.
He further claims that the respondents proceeded with plans to hold the funeral at his homestead and bury his mother there without seeking his consent.
Mndzebele argues that allowing the burial to proceed would cause permanent prejudice because the excavation of a grave would alter the status of the property and make it difficult for any future court order to be implemented.
“I wish to state that this application is not intended to prevent my late mother from receiving a dignified funeral or burial. I seek only to prevent the respondents from conducting those events upon my homestead without my consent,” he states in his affidavit.
The applicant has also asked the court to direct the Royal Eswatini Police Service to assist in enforcing any order issued by the court.
Mndzebele alleges that the dispute between the family members has escalated, claiming there have been incidents of intimidation, threats and damage to property. He also informed the court that an interim order relating to alleged violent conduct had previously been issued by the Magistrate’s Court.
The respondents have indicated that they will oppose the application and have appointed Musa Dlamini & Associates as their attorneys.
The High Court will determine whether the urgent application should be granted and whether the planned funeral arrangements at the homestead should be stopped pending further proceedings.
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