Mowbray Cemetery is back in focus after the Western Cape High Court ruled that the current Muslim Cemetery Board is unlawful and must be reconstituted through a special general meeting, Cape {town} Etc reports.
The dispute has also drawn strong online reaction, with Anwar Omar (a prominent figure serving on the SAHRC) saying there had been ‘much politicking and misinformation’ around the ruling and urging people to read the court summary for clarity.
The matter has become a wider community issue because it touches burial practices, trust in religious administration and the future of a long-standing heritage site in Cape Town.
The judgment, reported by Voice of the Cape, also bars the construction and operation of a mortuary facility on the cemetery grounds, with the court finding the plan inconsistent with the site’s purpose as a burial place.
Judge Gayaat Da Silva-Salie said the issue concerns matters ‘sacrosanct and deeply rooted in religious dignity and communal trust’, while ordering mediation first and further court action only if talks fail.
Dr Tolgah Bassier, who brought the application, welcomed the outcome and said, ‘We welcome the judgment, not so much for ourselves, but for the community.’
The ruling also invalidated any practice that restricts board membership to ‘lineal descendants or certain families’.
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Mowbray Cemetery officially opens a dedicated salah facility for visitors
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