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30 January 2008

The MEC for Agriculture and Environmental Affairs in KwaZulu-Natal Honourable Mtholephi Mthimkhulu has noted the ruling of the Newcastle Magistrate's Court on the matter regarding the continuing burial saga involving the Kubheka family residing at the Donkerhoek Farm in Normandien outside Newcastle which has been denied the right to bury its deceased relative, the late Anton Samuel Kubheka.

Kubheka had been enjoying labour tenancy rights at the Donkerhoek Farm at the time of his death on 9 January 2008. At the time of his passing on he was away visiting relatives in Bergville and the farm owner Mr Jacob Daniel Swart has been disputing that the deceased ever stayed on his farm and had denied the Kubheka family burial rights.

"We have noted the ruling of the court and together with our provincial land reform office, we are taking the matter further to the High Court as the family is adamant that the deceased had been resident on the farm for a number of years and therefore they would like to bury him on the farm," said MEC Mthimkhulu.

The MEC said he was concerned at the volatile atmosphere this matter has generated as members of the community have vowed that they would bury the deceased on the farm irrespective of the outcome of today's ruling in the court.
MEC Mthimkhulu added that he would like to appeal to members of the Normandien community to let the legal process to run its due course.

"As government, there is no way we can condone the disregard of law and the taking of the law into the community's own hands hence we make this earnest appeal to our people not to take the law into their own hands," said Mthimkhulu.

MEC Mthimkhulu said he was concerned that a bereaved family has to be subjected to this agony for more than three weeks which is something unheard of within African culture with regard to bereavement.
"According to African custom, it is anathema that there should be a wrangle over a deceased person and I am very disturbed that this matter has dragged on for almost a month," said MEC Mthimkhulu.

The MEC said he had personally instructed officials from his office to work with the officials of the provincial land reform office of the Land Affairs department to try to find an amicable solution to the problem so that the bereaved family can bury their beloved relative with the attendant dignity.

"We therefore urge members of the community to allow us to take this matter to the High Court as we believe that we have a strong case. Our main objective is to find an amicable solution so that the bereaved Kubheka family could bury their beloved member with dignity," said MEC Mthimkhulu.

Enquiries:
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Issued by: Department of Agriculture and Environmental Affairs, KwaZulu-Natal Provincial Government
30 January 2008