Dear Supporters,
The fight to save the cemetery and reclaim our dignity is not yet over.
Our court application was heard on Wednesday the 31st of July 2019. It was presided on by Judge Henriques at the Durban High Court.
Secona, the Association, eThekwini & Amafa (Heritage KZN) made an appearance . The State Attorney did not make an appearance and KZN Dept of Environmental Affairs was nowhere to be seen.
The matters to be argued were restricted to the issue of locus standi (Legal standing) and all the respondents argued that I lacked the necessary locus standi to bring this matter to court . Some even went further to say that I was just a mere busy-body who was sensationalizing this matter .
In a surprise turn of events, counsel for the Association acknowledged my hard work and passion to save the cemetery, and made a passionate plea to the judge, citing relevant case law , to make a decision in the interest of justice.
He went further to state that it was unacceptable that Secona is allowed to occupy and desecrate the cemetery, where more than 100 bodies are buried.
The other surprise move was by eThekwini Municipality, who apart from claiming that I lacked legal standing , stated that they would be seeking costs on a punitive scale from me, especially since I was an employee of the Municipality and should have known better than to have rushed to court with this matter ...besides I should have known which forms to fill to request information from them , instead of launching the current proceedings & forcing them to appear…
(eThekwini is effectively opposing the order to disclose information about the cemetery or details of any permits they have issued or enforcement action they have taken)
Judgment has been reserved in the matter.
We wait for the wheels of justice to turn ...
In the interim, I have provided further information to the investigating officer of the South African Police Services & I have requested the National Prosecuting Authority to re-open the investigation into the alleged criminal activities around the destruction and occupation of the cemetery.
thank you
Kuben Samie
“ There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest. ”
(Elie Wiesel - The Nobel Peace Prize Winner, 1986 & Holocaust Survivor)