News / Local
Women in legal battle over hubby's death certificate
15 Nov 2014 at 16:51hrs | Views
TWO Bulawayo women are embroiled in a legal wrangle over their late husband's death certificate following a dispute over the deceased's estate.
The estate at the centre of controversy includes a fleet of cars, furniture and a house, among other property.
One of the women, Barbara Phili has since filed an application at the Bulawayo High Court seeking an order to block her late husband's estranged wife from accessing the man's death certificate.
The document would enable either of the women to register the estate under her name.
Phili, of North End suburb, is the applicant in the matter while her rival Anna Mpofu (nee Mguni) and the Bulawayo provincial registrar of births and deaths were cited as first and second respondents.
In her founding affidavit, Phili said she had been staying with her late husband, Edson Morgen Mpofu since 2000 until his death on October 1, 2014. This was after Edson had separated with Anna in 1999.
"I am aware that Anna Mpofu (nee Mguni) and my late husband Edson Mpofu were married until they separated in 1999. In 2000, Mpofu and I commenced co-habitation as man and wife under customary law and lobola was paid to my family to legitimise our union," she said.
Phili argued that Anna had no legal right to approach the registrar of births and deaths offices in Bulawayo to apply for Mpofu's death certificate. She said if issued with the document, Anna would subsequently register the estate under her name.
"I am advised that a surviving spouse is obligated in terms of the law to register her deceased spouse's estate within a period of 14 days from the date of death. I am aware that after my husband's death the first respondent approached second respondent's offices to apply for his death certificate as well," said the applicant.
"I submit, however, that it would defy logic for the second respondent to issue my husband's death certificate to the first respondent, a person who can for all intents and purposes be said to have been a former spouse of my husband," said Phili.
Mpofu and Mguni had a pending divorce case at the Bulawayo High Court, which had at the time of Mpofu's death reached pre-trial conference stage.
Phili through her lawyer, Job Sibanda of Job Sibanda and Associates, said she could not play second fiddle to Anna in regard to the registration or administration of Mpofu's estate, arguing that the respondent was a former spouse.
"I also submit that the proper thing for first respondent to do, should she have any claims against my late husband's estate, is to lodge her claims against such estate with the executor," she said.
Mguni has up to today to file opposing papers at the Bulawayo High Court.
The estate at the centre of controversy includes a fleet of cars, furniture and a house, among other property.
One of the women, Barbara Phili has since filed an application at the Bulawayo High Court seeking an order to block her late husband's estranged wife from accessing the man's death certificate.
The document would enable either of the women to register the estate under her name.
Phili, of North End suburb, is the applicant in the matter while her rival Anna Mpofu (nee Mguni) and the Bulawayo provincial registrar of births and deaths were cited as first and second respondents.
In her founding affidavit, Phili said she had been staying with her late husband, Edson Morgen Mpofu since 2000 until his death on October 1, 2014. This was after Edson had separated with Anna in 1999.
"I am aware that Anna Mpofu (nee Mguni) and my late husband Edson Mpofu were married until they separated in 1999. In 2000, Mpofu and I commenced co-habitation as man and wife under customary law and lobola was paid to my family to legitimise our union," she said.
Phili argued that Anna had no legal right to approach the registrar of births and deaths offices in Bulawayo to apply for Mpofu's death certificate. She said if issued with the document, Anna would subsequently register the estate under her name.
"I am advised that a surviving spouse is obligated in terms of the law to register her deceased spouse's estate within a period of 14 days from the date of death. I am aware that after my husband's death the first respondent approached second respondent's offices to apply for his death certificate as well," said the applicant.
"I submit, however, that it would defy logic for the second respondent to issue my husband's death certificate to the first respondent, a person who can for all intents and purposes be said to have been a former spouse of my husband," said Phili.
Mpofu and Mguni had a pending divorce case at the Bulawayo High Court, which had at the time of Mpofu's death reached pre-trial conference stage.
Phili through her lawyer, Job Sibanda of Job Sibanda and Associates, said she could not play second fiddle to Anna in regard to the registration or administration of Mpofu's estate, arguing that the respondent was a former spouse.
"I also submit that the proper thing for first respondent to do, should she have any claims against my late husband's estate, is to lodge her claims against such estate with the executor," she said.
Mguni has up to today to file opposing papers at the Bulawayo High Court.
Source - chronicle
