Cape Town families seek justice as Public Protector investigates 'unlawful' burials

Twelve families are seeking justice after undertaker Petrus Booysen allegedly buried their loved ones as paupers instead of cremating them.

Their distressing plight is now under investigation by the Public Protector South Africa (PPSA), as they await confirmation of exhumations. Anita Momberg, a representative of the affected families, has shared their communication with the PPSA, calling for accountability in this heartbreaking case.

They are calling on the PPSA to investigate: The City of Cape Town’s role in authorising and enabling the unlawful burials, the police’s delays and failure to secure a court order for exhumations, despite repeated requests and the National Prosecuting Authority (NPA) handling of this matter and why the criminal case was struck off the roll.

In June the Cape Argues revealed the families' worst nightmare came true when the magistrate at the Kuils River Magistrate’s Court provisionally struck the matter off the roll, to allow vital evidence such as the Western Cape High Court application for exhumations and DNA testing to be submitted.

Booysen faced several charges of fraud.

It was a case that rocked Cape Town when the families broke their silence earlier this year, that their loved ones were not cremated but buried as paupers by allegedly St Francis Funeral Home in Kraaifontein and in one case the family has yet to find their 94-year-old mother’s remains.

It was also alleged that he produced fake cremation certificates.

In response to Momberg’s call for an investigation, the PPSA’s media office told Cape Argus they had received her complaint.

“The Public Protector South Africa (PPSA) confirms receipt of the complaint on August 8,” they said.

“The matter is currently at verification stage to ensure that it complies with the PPSA’s rules for intake. The Complainant has been requested to provide additional information.”

Momberg said no-one or no formal body or office was held accountable for the pain and suffering the families continue to endure, not knowing whether the remains buried was in fact that of their loved ones and to have the bodies exhumed for a proper burial.

“While the City has now acknowledged some level of wrongdoing and outlined internal steps taken against the undertaker, their response fails to offer any immediate relief, fails to acknowledge the trauma caused, and fails to demonstrate accountability," Momberg said.

“It further shifts responsibility entirely to SAPS and the NPA, ignoring the City's own constitutional obligations to act with urgency, transparency, and care in matters involving the deceased,” she stated.

“This is not an isolated case, 12 families have now been confirmed as victims of this gross injustice. And yet, nearly a year after the initial complaints, no exhumations have taken place. There has been no formal apology, no coordinated support, and no justice.

“Each of these institutions bears responsibility for allowing this gross violation of dignity to occur and then failing to respond with the urgency, accountability, and justice that the situation demands.”

“While the City’s latest communication outlines some internal actions, it falls short of the transparency and restitution needed. Moreover, no explanation has been given for the continued inertia by SAPS or the inaction of the NPA.

Earlier, Booysen told Cape Argus he did not want to comment on the allegations while the police confirmed that he had faced charges, which was provisionally withdrawn 

The City’s Recreation and Parks Department confirmed Booysen was served with a suspension letter on January 27.

"St Francis Funerals was served with a notice of termination of registration on the City’s database  April 17, that undertakers trying to book on his behalf were also scrutinized and where possible they were also blocked from making further bookings," they explained.

They said the City notified the Department of Home Affairs regarding the matter and that a process for exhumation was under way with funds being made available.

“The City reengaged SAPS authorities on July 24 and awaits a court order or directive from SAPS for the exhumations to take place as soon as possible,” their offices stated.

“The Department will assist in motivating and processing the exhumation permits and will do everything possible to speed up the process going forward.

“Funds will be made available to assist with the process of reburial or cremation, once the appropriate authorities have completed exhumation, identification and DNA testing. Further details and procedures will be discussed with the affected families at the appropriate time.”

Their offices further confirmed that a formal investigation into the City’s processes had been completed  and that recommendations were made by the Director of Recreation & Parks for consideration.

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