The Western Cape High Court has dismissed an application by Dr Tolgah Bassier seeking access to the Moslem Cemetery Board’s bank statements ahead of a court-ordered Special General Meeting, while reinforcing judicial oversight of a governance process aimed at restoring stability within the organisation. The latest ruling forms part of ongoing litigation following an earlier judgment in which the court found it necessary to intervene in the affairs of the board.
In that principal judgment, the court ordered that a Special General Meeting be convened to regularise the organisation’s membership, elect a new leadership with a fresh mandate, and address outstanding governance issues, including matters relating to the proposed construction of a mortuary.
An independent panel – comprising of members of the community – was also appointed to oversee the implementation of the process and ensure that the elections are conducted fairly and transparently. In the latest application, Dr Bassier argued that members should have access to the Board’s bank statements before the election, contending that financial transparency was necessary to promote confidence in the process to facilitate the General meeting to elect a new board.
The Moslem Cemetery Board opposed the application, arguing that the original judgment did not entitle Dr Bassier to receive the financial records and that the court had envisaged disclosure only after a newly elected governing body assumed office. The Board maintained that its financial statements had been independently audited and that any investigation into financial matters should be undertaken by the incoming leadership.
In dismissing the application, the court held that Dr Bassier had misconstrued the earlier judgment. The judge found that the purpose of the principal order was to facilitate a smooth transition to a newly elected Board, which would then assume responsibility for the organisation’s governance and financial oversight. The court ruled that the reasons advanced to alter the timing of disclosure were not sufficiently compelling.
However, while refusing to order disclosure to the parties, the court exercised its supervisory jurisdiction over the implementation of the earlier judgment. The Moslem Cemetery Board was directed to submit confidential bank statements covering its main account, the Mowbray Cemetery Bursary Fund account, and any other accounts held in its name directly to the court for review. The Registrar was instructed to retain the documents confidentially, with the court reserving the right to issue further directions should its review reveal concerns, including measures to ensure adequate funding for the Special General Meeting, election process, and the independent panel’s work.
Each party was ordered to bear its own legal costs.
The ruling leaves intact the framework established in the principal judgment, with the court continuing to supervise the implementation of reforms intended to restore democratic governance at the Moslem Cemetery Board through a properly constituted membership, the election of a new leadership, and the resolution of key outstanding matters affecting the organisation’s future.
The SGM would take place on Sunday, 23 August 2026.
