The Funeral Industry Reformed Association (Fira) said a legal storm is brewing over “dumping of cremated human remains”.
The association said it has warned about the illegal dumping of human remains or excess ash of a deceased which is not the amount that families receive.
Fira said it has “evidence” that the amount of ashes received is incorrect and some ashes are scattered illegally either in dumping sites or private property.
“The total ashes of a deceased is between 1.8 and 2.3kg after a cremation and a family only receives about 250g. Unfortunately with the remains coming out of the furnace, the coffin is not necessary cremated as a result of a technology which is not available in South Africa which poses major health and environmental threats not only to air emissions also to underground water systems,” said Fira chairperson Johan Rousseau.
Asked whether families were aware that the remains of their loved ones at times end up at landfills, Rousseau told ‘The Star’ that unfortunately they were not.
He said for many years they had been trying to engage government stakeholders, the South African Human Rights Commission (SAHRC) and the Law Reform Commission. However, they did not heed their request.
“Fira will take the matter forward by laying necessary criminal charges against the authorities either through the department or municipalities and metros that are involved because we need to protect government in enabling them to change legislation and it seems the only way that we will be able to get that right and also to protect the funeral industry and the public is to go through a legal process,” he said.
Rousseau said this problem was happening all over South Africa, not only the Northern Cape, but human remains were even being buried at private properties and residential areas.
“Legislation has to change to protect crematoriums and the funeral industry. The public is misled and can open civil and criminal charges against responsible departments, municipalities, metros, and decision makers,” said Rousseau.
He said the association has been advocating for change since 2001 until presently.
Two months ago, the Northern Cape Department of Agriculture, Environmental Affairs, Rural Development and Land Reform condemned the illegal dumping of cremated human corpses at the De Duine landfill site in Upington – ZF Mgcawu District Municipality.
This department said this was after a local newspaper lodged a complaint about the illegal dumping at the site. The department’s Air Quality Management, Pollution and Waste Management Unit conducted inspections at the De Duine landfill site and the following findings were observed: coffin covers were observed, burned ashes containing burned bones, the waste was put in black plastic bags and most of the black refuse bags were torn and was mixed with other waste.
Media Liaison Officer at the Office of the MEC Department of Agriculture, Environmental Affairs, Rural Development and Land Reform, Bongani Silingile, said the department further engaged the Upington Crematorium owner who acknowledged that the waste disposed on site was from the crematorium. He said the owner (name known to the department) however, could not specify whether the waste was general or hazardous waste.
Silingile said the department further advised Upington Crematorium to assess their waste with a laboratory accredited by the South African National Accreditation System (SANAS) in terms of the National Environmental Management: Waste Act, No 59 of 2008, Norms and Standards for the Assessment of Waste for Landfill Disposal 2013.
“They were further advised as an urgent matter to contact a hazardous medical waste transporter for the disposal of the waste at the hazardous landfill site,” Silingile said.
He said the department recommended the following as remedial actions: the practice of transporting burned human remains to the De Duine landfill site to stop immediately; a service provider be appointed to collect the waste and that waste be disposed at a hazardous landfill site; records of the waste transported and final disposal certificates should be kept for future verifications; waste can be analysed in order to establish the hazardous rating.
The facility owner was further advised to stop the practice since human ashes cannot be disposed at a general waste landfill site.
The Upington Crematorium was said to be in contravention of the National Environmental Management: Waste Act No 59 of 2008, Chapter 4, Section 16, General duty in respect of waste management.
“Failure to adhere to this recommendation the department will have to take legal actions against the Upington Crematorium,” said Silingile.
According to DFA News, co-owner of Upington Crematorium, Louis Kotze, then, dismissed the allegations that they had dumped any human remains at the landfill site.