A landmark Western Cape High Court judgment has halted the construction of a mortuary at the historic Mowbray Muslim Cemetery, finding that such a facility falls outside the cemetery’s legally protected purpose as a burial ground.
The Court ruled that the cemetery, which serves as a religious endowment or waqf, may be used solely for burial purposes in accordance with its founding title deed. The judgment also raised serious concerns about the Cemetery Board’s governance, noting that no Annual General Meetings had been held for approximately 15 years.
In addition, the Court rejected the notion that membership is limited only to descendants of the founding families, affirming broader community participation.
Guests: Fayruz Mohammed, she chairs several audit committees, and she is the national first deputy chairperson of SANZAF Dr (Sheikh) Shahid Mathee, Senior Lecturer in the Study of Islam at the University of Johannesburg.
