The Funeral Industry Reformed Association says a legal storm is brewing over the “dumping of cremated human remains”. A recent incident at the De Duine landfill site in Upington, Northern Cape, highlights the alarming urgency of this troubling practice.
By Ntombi Nkosi and Staff Reporter
THE FUNERAL Industry Reformed Association (Fira) says a legal storm is brewing over the “dumping of cremated human remains”.
A recent incident at the De Duine landfill site in Upington, Northern Cape, highlights the alarming urgency of this troubling practice.
The association has issued warnings about the illegal disposal of human remains or excess ashes, which differ from the amount provided to families.
Fira stated it has “evidence” showing that the ashes given to families are inaccurate, and that some ashes are being unlawfully scattered at dumping sites or on private property.
Fira’s chairperson, Johan Rousseau, emphasised the gravity of the situation. “The total ashes of a deceased is between 1.8 and 2.3kg after cremation and a family only receives about 250g,” he explained. “Unfortunately, with the remains coming out of the furnace, the coffin is not necessarily cremated as a result of a technology that is not available in South Africa, which poses major health and environmental threats not only to air emissions but also to underground water systems.”.
Rousseau expressed concern that families are often unaware that their loved ones’ remains may end up in landfills.
He said that despite Fira’s efforts to engage government stakeholders, including the South African Human Rights Commission (SAHRC) and the Law Reform Commission, their warnings have gone unheeded.
In response, Fira plans to take legal action. “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 the 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,” Rousseau said.
He added that Fira has advocated for change since 2001 and recent incidents, such as the illegal dumping of cremated human remains at the De Duine landfill site in Upington, underscore the urgency of addressing this problem.
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Rousseau emphasised that this issue extends beyond the Northern Cape, affecting crematoriums throughout South Africa.
He noted that human remains are even being buried on private properties and in 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.
Two months ago, the Northern Cape Department of Agriculture, Environmental Affairs, Rural Development, and Land Reform issued a stern condemnation regarding the illegal dumping of cremated human remains at the De Duine landfill site in Upington.
The department’s action came in response to a complaint lodged by a local newspaper, which highlighted the disturbing practice of dumping ashes at the site.
The department’s Air Quality Management, Pollution, and Waste Management unit conducted thorough inspections at the De Duine landfill site and the following findings were observed: coffin covers, ashes containing burned bones, and waste that was put in black plastic bags. Most of the black refuse bags were torn and mixed with other waste.
The media liaison officer at the Office of the MEC for Agriculture, Environmental Affairs, Rural Development and Land Reform, Bongani Silingile, said that the Upington Crematorium owner (whose name is known to the department) acknowledged that the waste disposed of on-site originated from the crematorium. However, the owner could not definitively specify whether the waste was general or hazardous.
Silingile added that in response to this situation, the department advised the Upington Crematorium to assess its waste using a laboratory accredited by the South African National Accreditation System (SANAS). This assessment aligns with the guidelines outlined in the National Environmental Management: Waste Act, No 59 of 2008, and the 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 the department recommended the following remedial actions: the practice of transporting burned human remains to the De Duine landfill site must cease immediately; a service provider be appointed to collect the waste and that waste be disposed of at a hazardous landfill site; detailed records of the waste transported and final disposal certificates should be maintained for future verification; and waste should undergo analysis to establish its hazardous rating.
Furthermore, the facility owner was explicitly advised to discontinue the practice, as human ashes cannot be disposed of in 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 will compel the department to pursue legal action against the Upington Crematorium,” said Silingile.
The DFA reported on June 5 that the co-owner of Upington Crematorium, Louis Kotze, dismissed the allegations that they had dumped human remains at the landfill site.
“We presented the department with a certificate from a laboratory to prove that the waste that was transported to the landfill site was wooden coffin lids that are not hazardous to the environment. They must prove who is responsible for the dumping of human remains,” said Kotze at the time.
He added that they had taken over the crematorium three weeks prior.
“We have appointed a service provider to transport any human remains as per the regulations,” Kotze said.
