Background
What Happened
A factual account of the case, the Court's findings, and the governance failures that led to the SGM.
The case (Bassier v MCB)
In November 2025, a foundation-laying ceremony was held for a proposed mortuary at Mowbray Muslim Cemetery. A community member called for construction to be stopped on the grounds that the proposed mortuary was unlawful under South African law, violated the cemetery's title deed, and was Islamically impermissible. Muslims practise Tajīl al-Dafn (the prompt burial of the deceased), whereas purpose-built refrigeration is designed to allow bodies to be kept for periods exceeding 24 hours.
When the request was refused, the matter was taken to the Western Cape High Court.
Court findings
On 10 December 2025, the Court granted an interim interdict halting construction. On 24 March 2026, this was made final, with the Court finding the mortuary inconsistent with the purpose and restrictions governing the cemetery property.
11 YEARS
Members calling for an AGM since 2015
R3 MILLION+
Estimated annual burial fees
Governance
The case exposed serious governance failures. No AGM had been held for many years, and the existing Board could not be regarded as a lawful or representative governing body.
Court order
The Court ordered membership be regularised and an SGM be held to elect a new Board, recognising the 1948 Constitution (amended 1971) as the relevant framework, including its requirement for an annual AGM. The 2020 constitutional process was found to have serious procedural defects.
Registered membership
Only registered members can vote on 23 August.
Registration closes 22 August 2026.
The SGM
On 4 June 2026, an independent panel was appointed to oversee the SGM and election process, while the existing Board was limited to day-to-day administration pending the election.
Financial transparency
Ahead of the SGM, a request was made for updated financial information and bank statements. The request was refused by the Board.
R250,000
Ordered into a trust account pending the election
Court direction
The Court noted the financial information was properly a matter for the newly elected Board, but as a precautionary measure required it be placed before the Court. It then directed R250,000 be placed into a trust account for safekeeping pending the election.
Timeline
2015
Member discovers no AGM held since 2007. Chairperson acknowledges failure, begins database update, falls ill and passes away the following year.
2018–2020
Member pleads with Treasurer for an AGM to be convened. Nothing happens.
November 2025
Formal letter sent to the Board stating the mortuary is unlawful.
2024–2025
Board proceeds with mortuary construction despite being informed it is unlawful.
December 2025
Court action begins. Interim interdict halts construction (10 Dec).
Dec 2025 – March 2026
Interdict made final (24 March). Court finds mortuary inconsistent with title deed.
March – June 2026
Court finds existing Board unlawful. Orders SGM. Recognises 1948 Constitution. Independent panel appointed (4 June).
August 2026
Member requests financials (refused). R250,000 directed into trust after brief perusal of the Board's most recent bank statements (March - July 2026) by the Court.
23 August 2026
SGM & election under Court order, 1948 Constitution.