According to Daily Sun SA, at the time of his death, the chief was living with his second wife, Nonzwakazi.
Just a day before his funeral last November – the chief’s first wife, Noncedile, contested the legality of the second wife by taking her to court. However, the second wife is refusing to hand over the body, claiming that the chief’s dying wish was to be buried by her.
On Wednesday the Mthatha High Court of Appeal dismissed with costs the leave to appeal application by Noncedile.
Judges Rob Griffiths and Nozuko Mjali reprimanded Noncedile’s lawyer Advocate Mwelo Nonkonyane for coming to court unprepared.
Nonkonyane admitted to not having read the Mthatha’s High Court judgment and order, in it’s entirety, which was delivered on 14 October.
Judge Mjali said: “After hearing arguments from the defence, we found no reasonable prospect that another court can find anything different from what we had ruled on. The application for leave to appeal is dismissed with costs.”
The judges dismissed the claims that the will was fraudulent asking the second wife to go ahead and bury the dead.
However, some residents left the court disappointed.
“Culture dictates that the husband be buried by his first wife. This woman won’t bury Bagcine in our village. We won’t sit and watch that kind of disrespect,” said one angry grandmother.