By Oyisa George
The Western Cape High Court has directed parties locked in a dispute over a proposed Muslim mortuary at Mowbray Cemetery to enter into formal mediation, stressing the need to preserve community cohesion during the month of Ramadan.
Judge Gayaat Da Silva-Salie said the matter, although presented as a legal challenge involving the interpretation of a restrictive clause and the validity of a constitutional amendment, carries broader implications for the Muslim community.
“The subject matter concerns burial practices and the administration of the cemetery serving the Muslim community and, as such, matters which are sacrosanct and deeply rooted in religious dignity and communal trust,” she said in court.
Da Silva-Salie noted that handing down a detailed judgment, potentially accompanied by an adverse costs order would in all likelihood not restore unity within the community.
“Judicial determination by this Court has therefore been the last port of call should structure mediation fail,” she said.
The dispute centres on plans to establish a mortuary facility at the cemetery, including refrigeration for bodies and designated ghusl (ritual washing) areas. The Board has maintained that the facility would be limited strictly to cold storage for those destined for burial at the cemetery and would not offer commercial mortuary services.
The court-appointed mediator has been tasked with facilitating discussions around a revised constitution for the trust, the scope and operational limits of the mortuary, and issues of governance and representation.
“All parties shall attend mediation with full authority to negotiate and conclude binding terms,” Da Silva-Salie directed.
The mediation process must be concluded and its outcome reported to the Registrar on Monday, 2 March 2026. Should the parties fail to reach agreement, the matter will return to court for a full hearing on the merits.
The plaintiff, Dr Tolgah Bassier, indicated he would comment once the mediation process has been finalised, while the Board said it would assess whether common ground can be achieved
Photo: VOCFm
