Damage to graves halts construction work in Port Shepstone CBD

More than a decade ago, the Muslim fraternity spent half a million rands to upgrade their cemetery in Port Shepstone.

To deter criminals and vagrants from invading the cemetery, a fence was erected, a road was built, and a bigger parking area was developed.

A vision well supported then by former councillor Carole Potter and Hibiscus Coast Municipality.

Today, the cemetery looks neat and is well-maintained.

It’s used regularly by the community who either visit the gravesites of their loved ones or lay the dead to rest.

However, a lot has changed around the sacred burial site that safely keeps about 3 000 graves.

A stone’s throw away, the Port Shepstone Intermodal Transport and Retail Facility is taking shape, and there is much buzz on-site to meet the completion deadline of October 2024.

On Wednesday (April 17), representatives from the Port Shepstone Muslim Burial Society had to stop earthmoving equipment ploughing through some 12 graves on the land adjacent to the Muslim Cemetery.

Some of the graves which have been demolished date back to 1939 and are protected in terms of heritage legislation.

Then, in a twist of events, members from the society had to stop another attempt to excavate their parking area on Monday morning (April 29) and then again on Tuesday morning ( April 30).

Selvan Chetty from the Port Shepstone Hindu Cultural Federation opened a case at the Port Shepstone police station on Monday (April 29).

The Saps Ugu district corporate communications office confirmed that a case of violation of graves was opened after graves and tombstones were allegedly damaged during some large-scale construction in the CBD.

“There was no public participation or advertisement done prior to this development. This is a violation of human rights and called breaking the law. You can’t trample on the ancestral burial grounds of our people,” said Chetty.

Chetty added that now there is no access to the old Hindu gravesite, and it is their mandate to protect this gravesite.

Emeritus Bishop Rubin Phillip, retired Anglican Bishop of KZN, expressed his absolute shock at the destruction of the Christian graves. He also mandated Chetty to do all things necessary to stop the further damage and violation of the graves.

Moosa Docrat of the Port Shepstone Muslim Burial Society said they were never consulted about this ‘second phase’ and what has transpired in the last two weeks is disappointing and shows no respect for the community.

“If this construction goes ahead, we will have no access to our cemetery and no space to park for a Janazah (Muslim funeral). Another worrying concern is that excavation work is compromising graves in our Muslim cemetery,” he said.

Heritage officers from the KwaZulu-Natal Amafa and Research Institute visited the site on Tuesday morning (April 30).

As a result, a Stop Works Order was issued by Amafa to the companies involved in the construction and to Ray Nkonyeni Municipality (RNM).

The Herald is in possession of the Stop Works Order, which states that all work (on both sites) is to cease with immediate effect until formal approval has been obtained.

Section 41 (1) (c) (ii) of the KwaZulu-Natal Amafa and Research Institute Act, 2018 provides that: Any person who intends to undertake a development, categorised as any development or other activity which will change the character of a site, exceeding 5000m² in extent, must at the very earliest stages of initiating such development, notify the institute, and furnish it with details regarding the location, nature and extent of the proposed development.

The legally binding notice further states that no authority was obtained by Amafa and activities on site are accordingly, unlawful.

RNM spokesperson Simon April said they can state on record that the development of the Port Shepstone Intermodal Transport and Retail Facility is predominantly a private development on municipal land.

“From the municipality’s point of view, there is no one who gave permission nor authorised to grant any permission to demolish graves. Approved plans for this section of the development land sit with the Department of Development Planning Services (DPS) (building control) and the developer. Any request for such may be lodged through the head of department: DPS and the senior manager: building control,” said April.

In the meantime, Docrat said they have met with the developer and roleplayers from RNM to discuss a way forward.

The Herald has tried to contact the developer for comment, but to date, has received no response.

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