The Commission for the Promotion and Protection of Rights of Cultural, Religious and Linguistics Communities (CRL) has lashed out at the eThekwini Municipality’s policy on grave recycle and reuse saying it is punitive to the poor.
The commission was sitting in Durban to hear eThekwini Municipality Mayor Zandile Gumede’s testimony on the recycling and the reuse of graves.
Commissioner Thoko Mkhwanazi-Xaluva says the commission has made its investigations and established that the recycling process of graves only applies to the graves that has no tombstones and to those people who cannot afford to pay a R950 for the extension of lease after ten years.
Recently, mostly the black African community has raised concerns of the reuse of graves citing cultural and religious beliefs.
Many families within eThekwini Municipality struggle to secure a grave site because most of the grave yards are full.
Therefore, the municipality has passed a policy that dictates that after 10 years of burial people could be dug up and use the grave for another family.
CRL found that the policy unconstitutional as it discriminates against the poor who cannot afford payments and those who can not afford to erect tombstones.
Mayor Zandile Gumede testified before the commission.
“As the City, we have the rights to reuse the graves for disposal of human remains where up to three people can be buried every 10 years. The leasing of these graves are expected as per law to lease the family graves for 10 years and with that rights we reuse it after 10 years or it can revert back to the city. Commissioners are trying their level best. That’s why I said we recommend to bury loved ones on top of the loved ones, but in serious situations we are left with no choice after 10 years of the grave, if the owner does not come we reuse that grave.”
Mkhwanazi -Xaluva says the policy is unconstitutional and as it is based on the default of the payments by the grave owners.
Xaluva Mkhwanazi says if every family could be able to pay the R950 lease fee the policy is null and void because only those who default in payments can have their loved ones graves dug up and reused.
She says the municipality’s policy is anti-poor as opposed to the country’s pro-poor constitution.
“Because it is based on the reuse of graves of those people who cannot afford to pay R950 and those people who do not have tombstones. We have had investigations here and we have discovered from our own investigations that they are not recycling graves with tombstones and they are not recycling graves with tombstones and they are not recycling graves if you can pay R950. So, we are saying it’s punitive to the poor people who are poor and those that are rich can stay with their graves undisturbed.”
Meanwhile, Commissioner Mkhwanazi-Xaluva has warned those who appear before the commission to tell nothing but the truth or serve time in jail.
She says the testimonies should be accurate and factual.
“According to our act, if you tell an untruth while you are under oath its an offence. It’s a Section 41 of our CRL Act is concerned and that we should go lay charges against you in the nearest police station and we expect the police to arrest you and that could lead to being sentenced up to a year in jail,” she said.
During the commission, it emerged that the municipality takes all the remains of a person who was buried 10 years ago and put it in a plastic bag and dispose it so to make way for a new burial. The commission stated that the policy should accommodate all residents of eThekwini regardless of the affordability when it comes to the recycling of graves.
The commission has postponed the hearing towards the end of March for further testimony.
