The Western Cape High Court has ruled that the current Muslim Cemetery Board is unlawful and must be reconstituted through a special general meeting. The court also prohibited the construction and operation of a mortuary facility on the cemetery grounds, finding it inconsistent with the site’s purpose as a burial place.
The judgment, stemming from an application by Dr Tolgah Bassier, includes a final interdict preventing the Board from “constructing, completing, operating, or maintaining any mortuary facility” on the property.
It further declared invalid any practice that restricts Board membership to “lineal descendants or certain families,” affirming that the cemetery cannot be controlled exclusively by specific families.
It has also been emphasised that the issue of lineal descendancy formed a central part of the case. According to those involved, this aspect has been before the court since 2023 and was a key premise of the matter, despite some public focus largely centring on the mortuary dispute.
Speaking to VOC News, Dr Aadil Bassier welcomed the ruling, highlighting concerns raised by community members. “We welcome the judgment, not so much for ourselves, but for the community,” he said. He noted that many elderly residents had expressed fears about burial processes, particularly the possibility of being placed in a mortuary facility. “They were pleading, ‘Please, I don’t want to end up there; I want to be buried as soon as possible according to tradition.’”
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Chairperson of the Muslim Cemetery Board and Secretary of Burial Administration at the Muslim Judicial Council, Faizal Sayed, also welcomed the ruling. “We welcome the judgment with open arms; it’s a joyous day for the community,” he said.
However, he emphasised that the dispute extended beyond the mortuary issue, describing it as a long-standing matter inherited by the current Board. “This was not about the mortuary at all; it was part of a broader, ongoing dispute.”
The court has outlined timelines for compliance, including steps toward a new membership registration process and the election of a new board. The ruling is expected to have significant implications for governance, community participation, and burial practices going forward.
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Lee-Yandra Paulsen
vocfm.co.za