A LEGAL dispute has erupted in the Lusaka High Court as Dumisani Banda has sued his brother-in-law and a cousin for allegedly holding a memorial service and erecting a tombstone on his late sister’s grave without the consent or knowledge of the deceased’s family.
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According to court documents filed, Banda is seeking an injunction to prevent Edwin Mwango Makuya, the husband of his late sister Sinazeni Banda Makuya, and their cousin, Jinga Kelvin Zunda, from conducting any further memorial services or making any alterations to the grave site at Memorial Park.
Banda contended that as the family of the deceased, they are the rightful custodians of the grave.
He is requesting a court declaration affirming that Makuya and his family are not entitled to organise future memorial services, install tombstones, or perform any rituals at the grave without the involvement of the Banda family.
The plaintiff’s sister, Sinazeni Banda Makuya, passed away on February 2, 2022.
At the time of her death, she was married to Makuya, who has since remarried.
Banda stated that during the funeral arrangements, it was collectively decided that his sister would be buried at Memorial Park, with contributions for the grave site coming primarily from her family and her former school and university colleagues.
He alleged that Makuya and his family made only minimal contributions.
Banda further explained that his brother, Temba Banda, and the second defendant, Zunda, were entrusted with the funds and tasked with purchasing the grave site.
He claimed that the contract for the grave site was signed by Zunda, with Temba Banda as a witness.
The dispute arose in February 2025 when a friend of the deceased informed the Banda family of an invitation she received from Makuya for a memorial service and tombstone unveiling.
Banda stated that this information came as a shock to his family, as they were completely unaware of these plans.
Upon inquiry with Makuya’s mother, the Banda family confirmed that the memorial service and tombstone unveiling had indeed been organised by Makuya’s family.
When questioned about the lack of involvement of the deceased’s parents and siblings, Makuya’s mother reportedly stated that her son had paid bride price for the deceased and therefore had the right to proceed without their input.
She allegedly added that the service was being held urgently to dispel bad omens surrounding her son.
Banda stated that his family was deeply distressed by this explanation and the actions taken by his in-laws.
On February 12, 2025, Banda and his siblings went to the grave site to prevent the installation of the tombstone, which was ultimately not placed that day.
However, he claims that Makuya and his family proceeded with a memorial service on February 22, 2025, despite the absence of the tombstone.
The tombstone, according to Banda, remains placed beside the grave.
In his court filing, Banda emphasised the significance of family involvement in such matters within African tradition, arguing that a spouse does not have the sole right to preside over a deceased partner’s grave without the consent of the deceased’s family.
Banda is seeking damages for the mental anguish and distress he claims to have suffered as a result of his in-laws’ actions.
The Lusaka High Court is yet to set a date for the hearing of this matter.
By Lucy Phiri
CAPTION: Photo for illustration
Kalemba May 19, 2025
