A Mpumalanga family has been ordered to exhume their parents’ remains to make way for Mafube coal mine’s operations.
Mafube coal mine has been granted a court order giving a Mpumalanga family two months to exhume the remains of their relatives buried at their former homestead.
The Land Court recently granted Mafube a court order instructing the Buta family on Nooitgedacht farm near Middelburg to exhume the remains of their parents.
Last year, the family buried the elderly couple at the homestead and the mine approached the court to compel them to exhume the remains. The court granted an interim order but the family lawyers challenged it.
Family ordered to exhume parents’ remains
A few days ago, the court released a final order compelling the family to exhume the bodies.
“It is true that last week we received court papers instructing us to remove the graves of our parents. It was their wish to be buried in the yard, especially my father, who made it clear that he wanted to be buried in his cattle kraal when he died.
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“We are confused and now waiting to get advice from our lawyers,” family spokesperson Rose Buta said.
Buta said the family was not willing to relocate the graves and they were going to fight the decision.
Court papers seen by The Citizen state the burial of the family members at the homestead was unlawful. Therefore, the remains must be exhumed and taken to Sikhululiwe cemetery, or a graveyard of their choice.
Burial declared unlawful
“The rule by this court on 8 November, 2024 is confirmed and a final order is granted. It is declared that the burial of the late Mrs Sophie Buta at the homestead in November last year was unlawful.
“The respondents are authorised to take the steps that may be required to exhume the remains of Buta and the exhumation of the remains is expected to be carried out within the period of 60 days,” the court papers read.
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It said that the family must not conduct any future burial on the farm without consent from the mine.
It further said that permission will be needed from Mafube if the family needs to gain access to Graveyard 1 or any property on the farm.
Mafube mine spokesperson Hulisani Rasivhaga said: “Mafube confirms receipt of the court order dated 23 September, 2025, but that it has not as yet received the full judgement to the court order relating to the Buta family matter.
Squabble dates back to 2018
“We remain committed to fully complying with all legal requirements and to conducting our processes in a manner that prioritises respect and sensitivity, and protects the constitutional rights of the Buta family.”
The squabble between the community members and the mine dates back to 2018, when a residential area was identified for mining activities.
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Many families agreed to relocate, while three families, including the Butas, refused to move because they were not happy with what the mine offered them.
Later, some of the families, including those who agreed to relocate, came back to accuse the mine of relocating graves without consent.
Last year, the Buta and Masombuka families approached the police and opened cases.
Other family struggles to locate graves
At the time, Mpumalanga police spokesperson Brigadier Donald Mdluli agreed that a case was opened against the mine.
Nurse Masombuka, whose family remains were also exhumed and buried in mass graves, said they were struggling to locate the graves and the mine had promised it would assist to conduct a DNA test to make sure that they locate the graves.
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