Chief says anti-apartheid activist's family lied about burial

04 October 2015 - 02:00 By BONGANI MTHETHWA

The fight over the burial of anti-apartheid activist Morris Fynn has taken a new twist, with his family being accused of faking an official letter purporting to authorise his funeral. The move has emboldened KwaZulu-Natal South Coast Chief Bhekizizwe Luthuli, who has instructed his lawyers to challenge Fynn's burial on land falling under his authority. He wants the body exhumed.story_article_left1Luthuli opposed Fynn's funeral in Mtwalume three weeks ago - arguing that the descendant of British adventurer and King Shaka's adviser Henry Francis Fynn had no right over the land that his family claimed belonged to the Fynns.Luthuli has now found an ally in the Ingonyama Trust - which administers 2.8million hectares of land on behalf of King Goodwill Zwelithini - which supported his claim that the Fynns had no right over land in Mtwalume. The trust has also claimed that the letter provided to Luthuli by the Fynns as proof that the trust had authorised his burial, was forged.Trust CEO Fikisiwe Madlopha said in her affidavit that the Fynns did not occupy the land at the time of his death and there was no "Fynn family cemetery" as alleged by his widow in court.The Fynn family had gone to court - aided by KwaZulu-Natal's department of co-operative governance and traditional affairs - to seek an order to force Luthuli to allow the 84-year-old's funeral on September 12.The matter was adjourned for a week at the request of the Ingonyama Trust, which wanted to place certain facts before the court. However, Fynn's funeral went ahead the day after the adjournment, under heavy police presence. Fynn had told his family that he wanted to be buried in Mtwalume alongside his great-grandfather.In her papers, Madlopha said conducting the burial before obtaining the court order was a "blatant disrespect of the rule of law and a violation of the law" that had "far-reaching legal and social implications".mini_story_image_hright1Madlopha said the land given to Henry Francis Fynn and his Zulu princess wife Mavundlase by Shaka was what is traditionally known as ukubeka - the indigenous allocation of land - "which means the right to occupy and not ownership "."It has to be emphasised that the Fynn family has not occupied the land since 1926 and, as pointed out by Luthuli in his affidavit, no burial of a member of the Fynn family has taken place there since 1926. The deceased was born on November 20 1930, four years after the removal of the Fynn family from the land," she said.Luthuli's lawyer Lourens de Klerk confirmed this week that they were preparing an application for contempt of court.Fynn's daughter Brenda Fynn-Brower said: "We don't know what's going on and how to move forward. I don't know what to say any more."..

There’s never been a more important time to support independent media.

From World War 1 to present-day cosmopolitan South Africa and beyond, the Sunday Times has been a pillar in covering the stories that matter to you.

For just R80 you can become a premium member (digital access) and support a publication that has played an important political and social role in South Africa for over a century of Sundays. You can cancel anytime.

Already subscribed? Sign in below.



Questions or problems? Email helpdesk@timeslive.co.za or call 0860 52 52 00.