Before his death, in the year 1982, Dumisani had written a will in which he had highlighted that he would want his final resting place, (his grave) to be submerged beneath the Vaal Dam. In the year 2006, however, he revoked this will and replaced it with a new will. In the new will, however, he omitted to make any reference to his final resting place. Upon his death, a family meeting is held, and deliberations are made regarding Dumisani’s burial place.
The family has reached a deadlock regarding the place of burial of the deceased. Dumisani’s mother wants her son to be buried under the great Oak tree, in the family graveyard in KwaMashu. Dumisani’s wife, however, would like her husband’s grave close to her so that she can put flowers every week and she therefore wants him to be buried in their back yard in Amajuba. His little sister, Thabisile, requests that he be buried in a private mausoleum on one of the properties he owned in Pretoria. Dumisani’s half-brother, however, states that the deceased clearly expressed his wishes in his revoked will stating that he would want to be buried in the Vaal dam.
Critically discuss who has the right to decide on where Dumisani ought to be buried. Make sure you motivate your answer with relevant caselaw, journal articles and reports.