Govan Mbeki Municipality’s mayor says cemetery by-law is unconstitutional

SECUNDA – The Govan Mbeki Municipality’s current by-law about cemeteries infringes on the rights of residents and must be amended.

This is according to the executive mayor, Nhlakanipho Zuma.

He said the by-law is also causing inconveniences to different cultural groups within the community.

The current by-law does not allow people to bury their loved ones on the same day as the death, as in the case of Muslim burials that have to be done before sunset.

According to Zuma, the by-law stipulates burial processes and the procurement of grave sites must be done two days prior to the burial.

Zuma said that the by-law on cemeteries is also unconstitutional because it infringes on the right of those families who want to perform cultural rituals.

Some of the clauses in the cemetery by-law prohibit people from occupying the cemetery for more than 30 minutes for the purpose of a service or ceremony without the consent of the officer-in-charge.

“We will review the cemetery by-law. It needs to be amended and while that particular process is taking place, the municipal manager will be authorised to look for points in the by-law which will allow communities to perform their rituals characterised by their own cultures,” said Zuma.

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