Does a family have a right to decide on the burial of a loved one in Zimbabwe?

Yes. A family has a right to decide on the burial of a loved one. The position which subsists in South Africa equally applies in Zimbabwe and was set out by the South Africa Supreme Court of Appeal in Esther Lungu & Others v Government of the Republic of Zambia & Others [2026] ZASCA 87 at para 37 as follows:

“For decades the accepted common-law position, stated in several provincial division decisions, has been that in the absence of directions from the deceased, decisions regarding his or her burial fall to the heirs in accordance with the principles of succession. This accords with our Constitution, which recognises the right to privacy and dignity. A family’s right to decide on the burial of a loved one falls within the inner sanctum of an individual’s family life. It is an exercise of family autonomy involving the final act of kinship family members will perform for their loved one. Any interference impacts upon the family members’ sense of self-worth and self-actualisation and, consequently, their dignity.”

It must however be noted that the right of a family to decide on the burial of a loved one in Zimbabwe is subsidiary to the rights of the deceased. In the event that the deceased did not leave any written or verbal wishes, the surviving spouse has the strongest right. Where it is established that there is an estrangement between the deceased and his / her surviving spouse the position of the surviving spouse is weakened. Thus, the rights of the children of the deceased and blood relations of the deceased are subsidiary to that of the surviving spouse. see Zulu & Others v Nkomo & Another 2019 (3) ZLR 372 (H).