ISSUED PURSUANT TO COMMUNITY BRIEFING REGARDING THE MOWBRAY CEMETERY MATTER
(This Statement is a written summary of the LIVE Video Statement aired on Tuesday 14 February 2026)
START
This statement is issued pursuant to a live community briefing conducted by Advocate Shameemah Dollie Salie and Faizal Sayed on behalf of the current Management Committee of the Mowbray Cemetery who has been in the service of the community for approximately five years, addressing matters presently in the public domain. It serves to provide a historical, and community-based account for the benefit of the media and the broader Muslim community delineating content from the Live Social Media Video which set out to inform the community of the back end details and the current and new land grab application to annex land belonging to the community by the same persons acting against the Muslim cemetery in the current matters.
This statement sets out a comprehensive account of the events and legal developments surrounding the Mowbray Cemetery, interchangeably the Moslem Cemetery Board, including a brief chronology from 2021 to the present, the underlying disputes relating to governance and membership, and the recent court ruling on the mortuary (Cold Storage Only) facility. It further addresses the broader implications for the Muslim community, including issues of waqf property, attempts at exclusivity, and the emerging land claims, while clarifying the current position on membership, participation, and the future direction of the Cemetery as an open and inclusive communal institution.
LEGAL CHRONOLOGY AND CONTEXT
It must be stated at the outset, and without ambiguity, that the present dispute did not originate with the mortuary matter. The mortuary issue is the most recent development in a protracted and sustained legal campaign by the same persons acting against the Muslim cemetery.
In 2021, during the height of the COVID-19 pandemic, correspondence was received from Adiel Bassier, as chairperson of the Tanu Baru Trust, enquiring as to how the Moslem Cemetery Board intended to dispose of land under its control. This enquiry was made at a time when the community faced immense hardship and notably, he did not concern himself with assistance or support, but rather with acquiring land. He did mention the absence of AGMs since 2007 but one would later in this document discover that an AGM open for the public and all of the Muslim community was not what Adiel Bassier wanted but rather demanded an AGM for an exclusive few people only.
From 2022 onwards, there has been continuous legal engagement, including threats of litigation, mediations, and formal court processes. Central to these engagements was a consistent and non-negotiable demand advanced by Adiel Bassier and his son, Tolgah Bassier, that the 2020 Constitution of the Mowbray Cemetery be set aside and replaced with the old 1948 Constitution. A Constitution that would now, in 2026, be almost 80 years old. The current leadership of the cemetery received the 2020 Constitution on their arrival. Both father and son were never seen by management over the five years in the Cemetery nor have they visited the offices nor have have they offered any form of support and neither have they made any contribution whatsoever.
The significance of the demand for the 1948 Constitution cannot be overstated. The 1948 Constitution contains a provision which restricts membership of the Mowbray Cemetery to lineal descendants of original subscribers, thereby excluding the rest of the Muslim community as members. The Mowbray Cemetery now houses the graves of thousands of Muslims and is in use by all Muslims hence it would be untenable to close ranks and exclude the community from its membership. This provision, in both effect and consequence, operates as a discriminatory exclusion of the community and has been consistently opposed by the current Board who has aptly labelled it as the “Apartheid Clause”, when it appears in isolation in the 1948 Constitution, seeking to separate the community by virtue of who is born into which family and thereby giving membership rights to certain selected people only.
In 2023, Tolgah Bassier, the son, instituted an ex parte application, without notice to the Muslim Cemetery Board and without informing the Muslim community approaching the court in silence seeking to advance this position. Here he attempted to have the 2020 Constitution set aside in lieu of the 1948 Constitution which would deny the ordinary Muslim person membership at Mowbray, ordinary community members who have no lineal entitlement and in effect keep them out of the cemetery as members. That application was correctly and thankfully dismissed by the courts. Subsequent proceedings followed in 2024, including litigation directed at former board members in another attempt to bring in the 1948 Constitution. These actions form part of a sustained legal pattern aimed at enforcing exclusivity for a select few.
During the 2026 mediation attempts, the Bassiers noted that an AGM is only open to lineal descendants (and not the entire Muslim Community). This was nonnegotiable for the Bassiers. The current board did not accede to the demands and decided to never agree to what they called the Apartheid Clause. Due to this disagreement on exclusivity, the matter proceeded to court as the board refused to lock the community out of the cemetery as members.
In summary, it cannot be overstated to the community that during mediations and engagements, the demand by the Bassiers remained unchanged, namely that Annual General Meetings and membership of the Mowbray Cemetery be restricted to selected individuals and families, to the exclusion of the broader Muslim community. This formed the basis of the dispute. It is important to recall that plans to build the community its own mortuary facility instead of relying on private non-Muslim facilities only started in 2024. This is proof that the matter did not pertain the mortuary but had an underlying agenda being forced since 2022, that is lineal entitlement on waqf land.
Therefore, if the applicant had succeeded, which he ultimately failed to do in court, the direct consequence would have been the exclusion of the Muslim community from membership and governance of a historic community burial ground. Hence, if the applicant had succeeded, the cemetery would have operated as an exclusive club reserved for a defined group of members. Again, if the applicant had succeeded, the broader community would have remained outside of an institution as members. The current Board, through its competent legal team, Attorney Alwie Albertus and Senior Counsel Advocate Donald Jacobs, resisted this at every stage to protect the community against what it viewed as serious discrimination against fellow Muslims.
THE MORTUARY MATTER
The mortuary facility must be understood within its proper legal and operational context. The facility was approved for construction by the City of Cape Town, endorsed by the Muslim Judicial Council (MJC), and supported by burial administration structures including Muslim Undertakers. It was designed as a refrigeration storage facility forming part of the burial chain, not for autopsies or post-mortem procedures.
The recent Court ruling, based on an interpretation of the title deed as permitting burial purposes only, resulted in the halting of this facility.
However, it remains the considered position of the Management Committee that, but for the interference and litigation surrounding this matter, the Muslim community would by now have had access to a fully operational facility serving its needs. The Applicant, Tolgah Bassier has done a disservice to the community in his effort to achieve something else which he had in the end failed to achieve.
This position is corroborated by the undertakers serving the Muslim community of Cape Town. In their letter dated 7 April 2026, they describe the halting of the facility as a “significant loss of service infrastructure” and a “travesty,” noting that burial services have been materially set back. They confirm that such a facility is essential to the burial chain and that the community remains dependent on external, privately owned facilities at ongoing cost and operational difficulty.
It must further be noted that opposition to this facility was advanced by individuals not engaged in burial operations and not involved in the practical realities of death administration. The Cemetery and Burial Industry does not know them.
THE NEW COURT CASE, LAND CLAIM, AND EMERGING CONCERNS
A more serious and far-reaching development has now emerged. The correspondence of 2021 must be viewed in light of a new court application instituted by Adiel Bassier, in his capacity as chairperson of the Tana Baru Trust. This application seeks to lay claim to land historically owned by, and vested in, the Moslem Cemetery Board, land which has served the Muslim community since the 1800s. His Trust wants to claim the portion of land at Tanu Baru (Erf No. 682) belonging to the Mowbray Cemetery in Bo-Kaap. This raises fundamental questions of authority and legitimacy. Who has mandated this Trust to act on behalf of the Muslim community? Who has authorised any private trust to seek control over land dedicated as waqf for purposes of the entire Muslim Community?
The Management Committee rejects this application in the strongest possible terms and places the community on notice that there is an active attempt to assert control over land belonging to the Muslim community by a trust operated by group of private individuals. This concern extends beyond Mowbray and includes other affected plots within the Bo-Kaap area.
EQUALITY HAS WON THROUGH COMMUNITY LIBERATION AND WAQF PRINCIPLES
The current moment must be understood as a legal outcome of community significance.
The Muslim community must recognise that it has been effectively liberated from a framework that sought to exclude it from its own institution as members. A burial ground that is waqf property cannot be subjected to perpetual control by certain families to the exclusion of others. Waqf, by its very nature, is a dedication for the benefit of the community as a whole.
No lineage, no historical contribution, and no private grouping can create a perpetual entitlement that overrides the communal nature of waqf. Such an interpretation is inconsistent with both legal principles and religious understanding. If the reasoning of the Bassiers were to continue then would it mean that anything we donate does not leave our hands entirely, but that we wish to continue controlling it despite donating it.
The community must therefore take cognisance of its position and its rights. Control of waqf property must vest in structures that are open, accountable, and representative of the broader Muslim community and not only a limited exclusive group of family members. The era of exclusivity must come to an end. The institution must now stand open, inclusive, and reflective of the community it serves. This judgment liberates the current board and liberates the Muslim community of its continual fight for equal rights for all Muslims within the Mowbray Cemetery and is a restoration of communal dignity and access.
MEMBERSHIP AND PARTICIPATION GOING FORWARD
As a direct consequence of the legal position achieved, membership of the Mowbray Cemetery is now open to all Muslims of the Cape. In the boards view, apartheid has ended. The Apartheid Clause could not withstand the purports of the Constitution of the Republic of South Africa, 1996.
Applications for membership is now open and will close approximately one week prior to the upcoming Special General Meeting scheduled for June, with formal dates to be announced. Voting rights and participation are governed by the official notice issued. Membership Application forms may be downloaded from www.MowbrayCemetery.org and be submitted to Mowbray Cemetery at 10 Browning Road, Observatory or emailed to membership@mowbraycemetery.org
The Management Committee records that it experiences a clear sense of relief and liberation following the ruling of the Western Cape High Court. For several years, the Board has operated under sustained legal pressure from the Bassiers aimed at enforcing exclusivity. While certain aspects of the 2020 Constitution may require refinement, there was never any willingness to concede to a framework that excluded the community on the part of the Mowbray Board.
At present, no appeal is being pursued. The Board accepts the judgment and will address any future legal matters as necessary, subject to the outcome of the Special General Meeting.
The Board further confirms that it continues to regard the mortuary facility as a necessary and important component of burial infrastructure, a view supported by the Muslim Judicial Council (MJC), operational partners, and undertakers.
STATEMENT BY FAIZAL SAYED
“It is a very bitter matter to witness a Muslim trying their level best to stop the community from becoming members, reserving membership only for himself, his family, and selected families, and then the same individual heads another trust which now seeks to acquire land owned by the Cemetery Board for their trust. This stands against community values, and the Muslim community must now rise and not allow private agendas to take what belongs to the people. Both Adiel and Tolgah Bassier have never been seen by me or my team at Mowbray, have never called to offer any help or contributed anything. The place has been in a mess and now that things are running well, they run to court. The father and son team have an agenda, and the agenda is not community, it is self-preservation at the expense of the community in my opinion”
STATEMENT BY ADVOCATE SHAMEEMAH DOLLIE SALIE
“From my perspective, what is deeply concerning is that over the years there have been consistent calls for assistance at the Mowbray Cemetery, calls which were never heeded by the very individuals who now seek to assert control. At no point have they come forward to contribute, to assist, or to take responsibility for the condition and functioning of this institution. Instead, their involvement emerges only at the point where there is a claim for control over land and governance. There is, in my view, a clear and discernible agenda at play, one that is directed toward acquiring land that belongs to the Muslim Cemetery Board and, by extension, the Muslim community as a whole. This is waqf property, and it cannot be treated as an asset for acquisition or control. What must be placed on record is simple. For years, there has been no contribution, no presence, and no service rendered by these individuals at the Cemetery. Absolutely nothing. Yet now, when the institution has been stabilised and developed, there is an attempt to intervene through legal processes to assert rights that have not been earned through service or recognised through any communal mandate. This is not consistent with the principles of justice, community, or the proper administration of waqf. The community must take note of this distinction.”
THE STATE OF THE MOSLEM CEMETERY BOARD UNDER THE CURRENT COMMITTEE
The current period of leadership at Mowbray Cemetery must be understood against the condition in which the institution was found. When Faizal Sayed, Adv. Shameemah Dollie Salie, Advocate Yusuf Khan Dalwai, and Ayub Mohamed assumed responsibility, the Cemetery was in a state of significant operational, administrative, and infrastructural disrepair. COVID-19 was the order of the day. People stayed away from Cemeteries. These individuals went out to rescue and keep operational a critical institution during the three-year COVID-19 Pandemic. There was an absence of proper systems, compliance measures were largely non-existent, financial records were in disarray, and critical aspects of governance had not been formalised. There was the presence of gangs with alcohol and weapons found on site. What has been achieved over a relatively short period of four to five years reflects a comprehensive institutional reconstruction, undertaken under difficult and often contested circumstances.
From the outset, priority was given to restoring basic operational integrity. Office facilities were upgraded to ensure functionality and administrative efficiency. Security was significantly enhanced through the installation of camera systems, the establishment of a visible security presence, and the construction of perimeter walls to safeguard the grounds. These measures were essential in stabilising an environment that had previously been vulnerable to breaches, vandalism, and criminal activity.
Religious and burial infrastructure received focused attention. The establishment and upgrading of a dedicated salaah khana provided a space for prayer and reflection, while ghusl facilities were developed to ensure that burial rites could be conducted with dignity and in accordance with Islamic requirements. The kramat sites were repaired and upgraded, recognising their historical and spiritual significance within the community.
A major transformation occurred in the area of records and data management. The Cemetery moved from fragmented and incomplete records to a system that includes both digital and hard copy documentation. Graves have been geotagged, introducing a level of precision, accessibility, and permanence that had not previously existed. This represents a significant advancement in both operational management and service delivery to the public. New high-end software was developed for undertakers allowing online bookings and management. This having a seminal effect across the country.
Infrastructure across the Cemetery grounds was systematically improved. Pathways were upgraded to allow for safer and more accessible movement. Parking facilities were enhanced, and a community pavilion was developed to provide shelter, space for thikr, and general communal use. Landscaping initiatives, including the planting of cypress trees, were undertaken to restore dignity and environmental harmony to the grounds. Multiple massive trees have been attended to for safety purposes.
Compliance and regulatory alignment formed a critical component of the work undertaken. It was discovered that large portions of the Cemetery, including key structures such as the kramat, were not reflected on official building plans. A process was initiated to bring all structures into proper compliance, addressing long-standing irregularities. Staff compliance systems were introduced, ensuring that administrative processes and record-keeping met required standards.
Environmental management was also addressed through the implementation of chemical control measures targeting invasive alien species, including Port Jackson vegetation, which posed a threat to the ecological balance of the Cemetery grounds.
Significant progress was made in relation to heritage recognition. Approximately six sites have now been afforded national heritage status, while the site associated with Imaam Haroon has been granted provincial heritage status. A broader national heritage plan is currently in process, reflecting a commitment to preserving the historical and cultural legacy of the Cemetery for future generations.
Financial rehabilitation formed a substantial part of the work undertaken. The Cemetery faced considerable financial uncertainty, with accounts in disarray and no clear consolidated financial position. Over a period of approximately two years, accounts were consolidated with the City of Cape Town to establish an accurate reflection of the Cemetery’s financial status. Outstanding rates in excess of thirteen million rand were successfully written off through representation and appeals, providing critical financial relief. In addition, processes were undertaken to address compliance with the South African Revenue Service, alongside the implementation of internal audit systems to restore financial governance. On 14 April 2026, A2A Kopano, registered Auditors and Chartered Accountants released a statement confirming its appointment as auditors to the Mowbray Cemetery and confirmed it performed the audit of the the annual financial statements for the Cemetery in accordance with applicable auditing standards.
Zoning compliance of the Cemetery was formalised, ensuring that land use aligns with legal and regulatory requirements. This has provided a stable legal foundation for future operations and development.
The operational responsibilities of the Cemetery have extended beyond infrastructure and administration into emergency and community response. The Management Committee has been actively involved in responding to fires and burglaries within the Cemetery, as well as managing highly sensitive burial situations where risks to public safety were present. The nature of burial work has required members of the team to remain on call at all hours, responding to urgent and emotionally charged circumstances.
An affidavit system was introduced to regulate and formalise the reopening of graves, ensuring that such processes are conducted lawfully and with appropriate oversight. Beyond the administrative, the Committee has also provided emotional support to families dealing with death, recognising that the Cemetery is not only a physical space, but one deeply connected to the human experience of loss, grief, and dignity.
Taken together, these developments reflect not incremental change, but a comprehensive transformation of the Mowbray Cemetery into a structured, compliant, and community-oriented institution in a noticeably short period.
CONCLUSION
This matter has never been about a mortuary. It has been about control, exclusion, and the attempted preservation of a structure that denied the Muslim community its rightful place in a communal institution. Part of the Agenda has now revealed itself in a new and current court Application brought by the same persons involved to acquire land belonging to the Mowbray Cemetery.
The current Management Committee states that Mowbray Cemetery is waqf property and belongs to the Muslim community as a whole. It cannot be subject to private control, hereditary entitlement, or exclusive governance. Discrimination against the ordinary Muslim person by another Muslim has lost.
In the words of Faizal Sayed,
“Man will foolishly chase after land until the end of time, yet the very land that he is consumed by, will eventually consume him’.
BELOW ARE LINKS TO SOME SUBSTANTIATING ARTICLES
COMMUNITY URGED TO ASSIST IN UPKEEP OF GRAVES AT MOWBRAY MUSLIM CEMETERY
MUSLIM CEMETERY CLEANING PROJECT INITIATED TO RESTORE DIGNITY TO LOVED ONES’ FINAL RESTING PLACE
MUSLIM CEMETERY EMBRACES DIGITAL AGE
https://southernsuburbstatler.co.za/news/2025-02-11-muslim-cemetery-embraces-digital-age
WHY CAPE TOWN MUSLIM UNDERTAKERS ARE CONCERNED OVER HIGH COURT’S MORTUARY FACILITY RULING
MOWBRAY MUSLIM CEMETERY ADDS NEW FACILITIES FOR MORE DIGNIFIED BURIALS
MOWBRAY CEMETERY OPENS PRAYER FACILITIES FOR VISITORS
FIRE OUTSIDE CEMETERY REACHES SOME GRAVES, GROOTE SCHUUR HOSPITAL
MOWBRAY CEMETERY UNVEILS NEW SALAAH FACILITY
MOWBRAY CEMETERY UPGRADED WITH GEOTAGGING TECHNOLOGY
https://iol.co.za/capeargus/news/2023-11-14-mowbray-cemetery-upgraded-with-geotagging-technology
MOWBRAY CEMETERY TO HOST COMMUNITY WEEKEND FOR RESTORATION AND RENEWAL
CEMETERY SET FOR AN UPGRADE
https://dailyvoice.co.za/news/2022-08-25-cemetery-set-for-an-upgrade
JOIN THE MOWBRAY MUSLIM CEMETERY’S COMMUNITY CLEAN-UP THIS FEBRUARY
AN ATTACK ON SACRED GROUND: MJC CONDEMNS VANDALISM AT MOWBRAY MUSLIM CEMETERY
YOU’LL DIG THIS APP: MUSLIM CEMETERY GETS HI-TECH UPGRADE
https://dailyvoice.co.za/news/2023-11-15-youll-dig-this-app-muslim-cemetery-gets-hi-tech-upgrade
MUSLIM CEMETERY BOARD URGES LOVED ONES TO BE WARY OF VISITING GRAVESITES DURING ADVERSE CONDITIONS DUE TO SAFETY CONCERNS
PUBLIC OUTRAGED OVER DESECRATION AND CRIMINAL INTRUSION AT THE KRAMAT OF SAYED MOEGSIN BIN ALAWI (R.A), AT THE MOWBRAY CEMETERY
WATCH: GHUSL FACILITY LAUNCHED AT MOWBRAY CEMETERY
80 GRAVES DESECRATED AT MOWBRAY MUSLIM CEMETERY
CLEAN-UP INITIATIVE AT MUSLIM CEMETERY SEES YOUNG AND OLD GATHER TO CLEAN GRAVESITES
MOWBRAY CEMETERY STEPS INTO THE FUTURE
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