A proposed digital death-certificate system by the Department of Home Affairs has raised fears it could delay Muslim burials. It could also infringe constitutional religious rights.
The proposal may require an electronic death certificate to be issued before burial can take place. Religious leaders warn this could cause delays after hours, on weekends and during public holidays.
Importance of timely Muslim burials
In Islam, burial must take place as soon as reasonably possible, often within 24 hours of death. The practice is rooted in religious teachings that emphasise honouring the deceased. It also focuses on preserving dignity and allowing families to begin mourning without unnecessary delay.
Traditionally, the body is washed, shrouded and buried promptly to respect these obligations.
MJC-SA raises constitutional concerns
The Muslim Judicial Council of South Africa (MJC-SA) has raised serious constitutional concerns. They are saying administrative requirements must not interfere with religious obligations.
It said delays caused by office closures, technical failures or processing backlogs could force grieving families to postpone burials. Furthermore, families may risk being treated as law breakers.
“This raises concerns relating to religious freedom, human dignity and the rights of religious communities to practise their faith,” the council stated.
The MJC-SA warned any blanket administrative rule preventing timely burial may conflict with constitutional protections. This includes Section 15 on freedom of religion and Section 31 on cultural and religious practice.
Calls for safeguards
Religious leaders are calling for safeguards, including after-hours processes or emergency exemptions, to ensure burials can proceed without delay.
Home Affairs responds
Home Affairs spokesperson Thulani Mavuso said immediate burial is currently accommodated using a notice of death form (DHA 1663). This form is completed by a medical professional when offices are closed.
“This allows the burial to proceed, with formal registration done once the department reopens,” he said.
Mavuso added that this principle will continue and extend to digital channels under development.
Purpose of digital reforms
The department said the proposed changes are intended to improve compliance with death-registration laws and prevent fraud.
“Inaccurate records occur when deaths are not registered before burial, leaving deceased people recorded as being alive. This opens the door to acts of fraud, identity theft and undermines the integrity of the country’s civil registry,” Mavuso said.
He emphasised that reforms would not limit religious practices and would fully uphold timely burial.
Opposition and logistical challenges
The MJC-SA said it may oppose any provisions impeding prompt burial, which burial societies say could present logistical challenges.
