When Nuno Senna Fernandes Jr’s father passed away last year, his family strived to respect one of his last wishes: to be cremated and buried at the family tomb in the S. Miguel Arcanjo cemetery.
Nuno José de Senna Fernandes died in May, but his wish hasn’t been completely fulfilled yet due to a rather bureaucratic issue: the Civic and Municipal Affairs Bureau (IACM) requested that the family present a proof of receipt showing that they bought the plot at the cemetery.
The problem is, said Nuno Senna Fernandes Junior, the tomb was bought back in 1862 and such a receipt is now lost.
“About twenty of my relatives were buried in the same tomb (…) their inscriptions are all there. I have photocopies of the areas at the cemetery that we bought but the only thing missing here is the receipt. I can’t find it because it was bought ages ago,” he told The Times.
About two weeks before his father passed away, Mr Fernandes requested permission from IACM to open up the family tomb. Three years before other relatives had been buried in the very same place.
“I went to IACM to ask permission but got rejected. My father had asked for cremation and for his ashes to be put there. I approached IACM again after my father died and wrote a second letter to them,” he recalled.
A first letter from IACM responding to his request was received in June last year. The bureau said that according to an administrative decree the rights of people to so-called perpetual graves in public cemeteries are regulated by specific rules and conditions dating back to when they were acquired. Furthermore, the bureau reiterated that the law states it is obligatory to present proof that the family owns the perpetual grave.
According to the letter, which The Times reviewed, IACM said that Mr Fernandes’ family was not able to provide proof of who owns the tomb. It added that the bureau also tried to verify through the registry archives the ownership of the perpetual grave, but failed to locate any data regarding the sale of the mentioned plot. The request was subsequently denied and a second letter from Mr Fernandes would see a similar reply from IACM.
“IACM asked me for proof of sale. My question to them was: you want me to provide the receipt but you’re the ones who sold the plot. So where’s your registry of that plot being sold?” he questioned.
In a letter addressed to IACM, Mr Fernandes recalled that over twenty of his relatives have been buried in that tomb. “It is impossible for my family to produce the original bill of sale as many years have passed since it was purchased by my ancestors. I feel that this responsibility also falls on your department to find proof on our behalf,” he wrote.
Furthermore, Mr Fernandes recalled that three years ago his family was allowed to bury other loved ones there.
“When my ancestors and other relatives were buried there before, they [IACM] didn’t ask for the receipt. When my cousin Miguel [de Senna Fernandes] buried his parents he basically took birth certificates and [the signature of two witnesses] and permission was granted,” he continued.
“So I don’t see why there’s so much of a problem when there’s proof that this is our family tomb,” he stressed.
This is not an isolated case. Other Macanese families have faced challenges when trying to bury their loved ones at the same cemetery. Last year, newspaper Ponto Final reported that Gabriel Pedruco was not granted permission to bury the ashes of four family members in a perpetual grave bought by his grandfather at S. Miguel Arcanjo.
Mr Pedruco claimed that the grave was bought by his grandfather back in 1916 and that several of his relatives had been buried there. IACM denied his request as he also could not present proof of receipt showing that, indeed, his grandfather had bought the plot. Mr Pedruco appealed the decision in court but the request was denied.
Ponto Final reported last year that there were at least six Macanese families facing the same problem.
Mr Fernandes recalled that people have questioned whether this issue arose as a result of the ten perpetual graves scandal involving former Secretary for Administration and Justice Florinda Chan and former IACM president Raymond Tam, among other employees. The case dates back to 2001, when an acquaintance of Ms Chan was granted a permanent cemetery grave by the former provisional city hall.
The perpetual grave-grating process was allegedly illegal. Florinda Chan was cleared from any wrongdoing in the case by the Court of Final Appeal. Mr Raymond Tam and other IACM employees had been accused of delaying the delivery of documents related to the case to the Public Prosecutions Office, but the Court of First Instance also found them innocent.
Mr Fernandes said that if all his current attempts fail to succeed, they will take the case to court. “My father’s ashes are at my house, we put up a small shrine for now,” he said.
The Times contacted IACM but the bureau did not reply to our queries before going to press.
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