The Muslim Judicial Council (MJC) has urged the public to object to proposed policy changes by the Department of Home Affairs that may require an electronic death certificate before a burial can take place. The council warns that administrative delays could disrupt the timely burial of Muslims and potentially infringe on constitutional rights related to dignity and religious practice.
The concerns stem from provisions contained in the Draft Revised White Paper on Citizenship, Immigration and Refugee Protection, which is currently open for public comment. The MJC stated that delays caused by office hours, system outages, or weekends could place grieving families under additional strain and conflict with religious obligations that encourage burial as soon as possible. Communities have been encouraged to submit written comments to the department before the deadline.
In response, Home Affairs has clarified that the draft policy does not prohibit religious burials but instead aims to strengthen civil registration and ensure accurate national records. Officials say the proposal addresses concerns about unreported deaths that lead to discrepancies within the population register.
Department spokesperson Thulani Mavuso explained the rationale behind the proposal, stating:
“Just to put this into perspective, on the white paper on citizenship, immigration, and refugee protection, under civil registration, one of the issues that is being proposed there is that burial without registration will be seen as viewed as a concealment of death. We’ve seen in those areas, in rural areas, where people bury without reporting.”
He added that the policy provides alternatives when immediate burial is required for religious reasons.
“So, what the proposal states is that deaths should be registered before burial. However, where immediate burial is required for religious or cultural reasons, a DHA 1663 notice-of-death form can be completed by a medical professional. This allows the burial to proceed, with formal registration done once Home Affairs offices reopen,” Mavuso said.
The department emphasised that families can proceed with burial using the notice-of-death form and complete formal registration once offices reopen, maintaining that the proposal balances administrative accountability with cultural and religious sensitivity.
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