According to South Africa  case law the Family has the legal right and responsibility to bury the deceased when there’s no will

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1. Jurisdiction:
   South Africa has jurisdiction over the body** as long as it remains within its borders. Decisions about burial or repatriation are subject to  South African common law  and the rights of **next of kin.



2.  Next of Kin Prevails (in SA):
   If the  spouse, life partner, or family in South Africa wants the person to be buried locally, and there are no formal agreements between governments, **their wishes can take precedence**, unless the matter is resolved diplomatically or in court.


3. Diplomatic Engagement:
   If the home country wants a state funeral, the matter typically becomes a **diplomatic issue between the foreign government and South African authorities. In some cases, repatriation may be arranged with the consent of the next of kin.

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