AL JAMA-AH WINS HIGH COURT INTERDICT TO RELEASE BODY OF DROWNED YUSUF KIBOROTO
.Al Jama-ah leader and parliamentarian Hon. Ganief Hendricks battled against all odds to have the body of Tanzanian Hafeeth Yusuf Kiboroto released after more than two months from the mortuary.The judge was at first reluctant to grant the order in favour of a Political party, but Hendricks argued the party has the right to represent the constituency.Hendricks said: “The judge granted the release of the body of Hafeeth Yusuf Kiboroto and ruled there is no need for any red tape or DNA tests.“Hafeeth Yusuf drowned at the canal in Vygieskraal, while trying to save an 8-year-old girl, Abieda Paulse who also drowned.“We tracked down Hafeeth Yusuf’s aged and impoverished parents, Haliema Goossain Akida Kiboroto at a remote village 400kms from the Tanzanian capital Dar-es-salaam where the DNA samples had to be taken.“Hafeeth Yusuf is now buried according to Islamic rites.“It’s sinful on the entire community if the body of Hafeeth Yusuf was not buried.The hadeeth cites you must hasten to bury a deceased body.“We instructed our attorneys to get an urgent interdict have the body released from the local mortuary.“The body was unrecognizable and according to South African law could not be released, and be cremated if not claimed.“The government agreed to waver requirements for identification.“The dept of home affairs and state attorney said they will not oppose the application.“I deposed an affidavit in the high court which was accepted.“Local Tanzanian Muslims said it’s unacceptable that the body was not buried in a confirmatory affidavit to the high court.“There was no need to get DNA tests of his mother.“The imams, religious bodies, Muslim burial societies and NGOs must have insight into this matter.“Even the Tanzanian embassy struggled to have the body released.“The government has no policy on the identification of deceased of foreigners.“This unilateral action is unconstitutional and many were blindfolded.Al Jama-ah will now request for personal cost orders in future delays.“Al Jama-ah will now forward a private member’s bill in parliament to ensure such a dilemma will never happen again.”Hendricks was accompanied to the high court on Wednesday by Yusuf Khan Dalwai of Halday Attorneys and his Council advocate Anton van Loggerenberg.Well-known Cape Town architect Wasfie Jassiem commented on Al Jamah’s struggle to get the body buried: “A deceased Kuwaiti author Abdullah Jar-Allah said: “I will not worry upon my death nor be unduly concerned about my body for my Muslim brothers will disrobe me and wash me and enshroud me, and take me from my home. And they will carry me to my new abode (the grave.)…..Al Jama-ah would like to acknowledge the best endeavors of the MJC, Mr. Loonat of ANC, and the mayor’s office.”When all failed we took brave steps to go to court to call for the release of the body and review of legislation and regulations.”In days of apartheid, Tanzania buried our comrades without red tape and this is the least we can do for their citizens especially of Muslim faith, said Hendricks.