Johannesburg - The re-use of graves by municipalities was unconstitutional and trampled on the rights of the poor, the Commission for Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities said on Tuesday.
Commission chairwoman Thoko Mkhwanazi presented a report on the re-use of graves by local government authorities following continued complaints received across municipalities on the removal of graves of their loved ones without their consent.
''As we are sitting here, we still receive more complaints every day, especially from the eThekwini municipality in Durban,'' Mkhwanazi told journalists in Johannesburg.
''The complaints include that people find others buried in the grave of their loved one without their knowledge, or find a grave half dug up in preparation for someone else's burial.''
She said in African culture, a grave was a sacred place. Those who were able to afford a tombstone were not affected and stood more chances of having their loved ones' graves not tampered with by municipalities.
''A grave is not only a sacred place, but a place no one should be allowed to tamper with. When you are poor and can’t afford a tombstone, your parent's grave will not survive in a place like Ethekwini. We are saying this should stop immediately, this is a war for poor people whose right to dignity ís being violated,” Mkhwanazi said.
eThekwini municipality also had a policy where residents would pay rental for grave space after 10 years of burial. If the family did not put up a tombstone within 10 years of burial of their loved one, the grave would be allocated to someone else, she said.
“What eThekwini is actually saying is that if there is no tombstone after 10 years, it means your family has forgotten about you, so someone must pay rent. It seems the bigger the tombstone, the more chances a grave would survive the wrath.
“There is no reason enough for you to be removed from your place of eternal rest.”
Mkhwanazi added that local government authourities argued that open suitable land where new cemeteries could be erected was fast becoming depleted. Authorities argued that available land was needed for other uses such as housing, she said.
“They disregard the cultural rights of poor people. The problem is not land shortage, because there is no shortage of land in Africa, even Europeans still have space to bury. This is a disregard for people's rights.”
The commission had met with eThekwini municipality officials, the SA Local Government Association, the House of Traditional Leaders and the portfolio committee on traditional affairs in Parliament and raised their concerns regarding the re-use of graves, she said.
ANA