Durban high court judge Jacqui Henriques has given Kuben Samie the judicial nod to pursue his legal case, ruling that he hasThis was in spite of fierce opposition from the company, Secona Freight Logistics, and the owners of the land in Cato Manor, the trustees of the Cato Manor Indian Cemetery.
Samie instituted court proceedings in 2017, seeking an interdict to stop the company running its business from the site and an order that the company and the trust fence it off and engage experts to evaluate and assess the damage caused to historic graves, burial grounds, tombstones and the historic crematorium.Henriques said it was common cause the site was used as a cemetery and housed a now dilapidated and unused crematorium.
At the outset in 2009, when the site was being cleared, he started a Facebook page and vocally campaigned against the damage to the property. He engaged local, provincial and national governments, the police and senior politicians. “Specific reference was made to a tombstone dating back to 1928 which was found on the property when it was cleared.
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