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Cemeteries and Crematoria By-law, 2009
- Published in Eastern Cape Provincial Gazette no. 2042 on 27 February 2009
- Commenced on 27 February 2009
- [Up to date as at 26 February 2021]
1. DefinitionsIn these By-laws, unless the context otherwise indicates-"adult" means a deceased person over the age of 12 years and any deceased person the dimensions of whose coffin cannot be accommodated in an excavation of 1,40m in length and 400 mm in width;"after hour fee" means a fee over and above the set norm of fee for burial or cremation outside normal week day cemetery operating hours save in the case of cremations or burials which because of religious belief are undertaken after such hours or in the case of burial where the mourners undertake to close the grave;"anatomy subject" means a body delivered to an authorised school of anatomy in terms of the Human Tissue Act, 1983 (Act No. 65 of 1983);"ashes" means the cremated remains of a body;"berm" means a concrete base on which a memorial is erected;"berm section" means a section in a cemetery set aside by the Municipality where memorial work is erected on a berm;"Births and Deaths Registration Act" means Births and Deaths Registration Act, 1992 (Act no 51 of 1992);"body" means any dead human body including the body of a stillborn child;"burial order" means an order issued in terms of the Births and Deaths Registration Act;"burial" means burial or inhumation into earth or any other form of burial and includes mausoleum and any other mode of disposal of a body;"cemetery" means any land or part thereof within the local authority set aside by the Municipality or approved by Municipality as a cemetery;"child" means a deceased person under the age of 12 years whose coffin does not exceed the dimensions for children referred to in section 10;"columbarium" means the place set-aside in the basement of the crematorium or chapel for the placement in niches of receptacles containing ashes;"exhumation" means the removal of a body from its grave;"grave" means any piece of land excavated for the burial of a body within a cemetery and includes the contents headstone or other marker of such place and any other structure on or associated with such place;"grave of conflict" means the grave of a person who died while defending the country;"hero" means a person who performed a heroic act for the Country and is given the status of a hero by Municipality;"heroes acre" means an area of land set aside for the burial of a hero;"indigent person" means a destitute person who has died in indigent circumstances, or if no relative or other person, welfare organisation or Non Governmental Organization can be found to bear the burial or cremation costs of such deceased person and "pauper" bears the same meaning;"indigent relief’ means assistance received for burial or cremation of an indigent person;"medical officer of health" means the officer appointed by Municipality or any other person acting in the capacity of the medical officer of health;"memorial section" means a section of a cemetery set aside for erection of memorials;"memorial work" means any headstone monument, or other similar work erected or intended to be erected in any cemetery commemorating a deceased person and includes a kerb demarcating a grave and a slab covering a grave;"Municipality" means Mbizana Local Municipality;"Municipal area" means the area under the control and jurisdiction of the Municipality;"Municipal Council" means the Municipal Council of the Mbizana Local as referred to in Section 59 read with section 81(2) of the Local Government Municipal Systems Act, 2000 (Act No. 32 of 2000);"office hours" means Monday to Friday 07h00 to 16h00 excluding Saturdays, Sundays and Public holidays;"Manager: Social Services" means a person authorized by the Municipality to be in control of any cemetery;"prescribed" means prescribed by the Municipality;"prescribed fee" means a fee determined by the Municipality by resolution in terms of section 10G(7)(a)(ii) of the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other applicable legislation;"stone mason" means a person carrying on business as a stone mason;"tomb" means an above ground burial vault;"Victim of Conflict" means a person defined in section l of the National Heritage Resources Act, 1999 (Act No. 25 of 1999).
Disposal of body
2. Requirements for disposal of bodyA person must only bury or cremate a body in a cemetery -(a)with the permission of the Manager: Social Services; and(b)after arranging a date and time of such burial with such Manager: Social Services.
3. Application for burial
4. Reservation of grave
5. Postponement or cancellation of burial
6. Number of bodies in coffin
7. Burial and subsequent burials
8. Private rights
9. Sizes of graves
10. Enlarging and deepening grave
12. Covering of coffins
13. Body bags
14. Religious or memorial servicesA person who desires to have a religious or memorial service at a cemetery or crematorium must apply to the Manager: Social Services and pay the prescribed fee.
15. Control of hearses at cemeteryNo person in the cemetery may -(a)drive a hearse or cause a hearse to be driven except on a designated road way;(b)park a hearse on the road way after the coffin has been removed from the hearse; or(c)park a hearse in such a manner that it interferes with other burials in progress.
16. Conveyance of coffins and bodies
17. Instructions at cemeteries
18. Duration of serviceNo person must occupy a chapel at a cemetery for the purpose of a funeral service or cremation for more than 2 hours, without the permission of the Manager: Social Services and payment of the prescribed fee.
19. Hours for burial(a)A burial must take place only between 06h00 and 18h00.(b)The Manager: Social Services may, on such conditions as he/she may determine, and on payment of the prescribed fee, give permission to bury outside the stipulated hours.(c)If the burial takes place outside the stipulated hours, the applicant will provide tools and assume the responsibility of closing the grave.(d)If the applicant requires the Municipality to provide the service outside the stipulated hours, the Municipality may provide such service on payment of the prescribed after hours tariffs, subject to such conditions as the Manager: Social Services may determine.
Re-opening of graves and exhumations
20. Conditions of exhumations
21. Exhumation and reburial
22. Screening of exhumation
Care of graves
23. Gardening of graves and other objects on grave
24. Erection of memorial work
25. Inferior memorial workThe Municipality may prohibit the erection of a memorial work or may remove erected memorial work which is -(a)is indecent, offensive or objectionable; or(c)in contravention of these By-laws,without compensating the owner.
26. Inscription on memorial work
27. Dismantling of memorial work
28. General requirements for memorial work
29. Requirements for memorial work in memorial sectionThe maximum horizontal measurements of any memorial work erected on a Grave in a memorial section must -(a)in the case of an adult’s grave, be 2500mm in length and 1050mm in width; or(b)in the case of a child’s grave, be 1500mm in length and 900mm in width.
30. Application for cremation
31. Cremation times
32. Provision of receptacles
33. Ash collection and disposal
34. Burial and exhumation of ashes
35. Use of niches and spaces, affixing of memorial
36. Memorial work in crematoria
37. Duplicate cremation certificatesA person may obtain a duplicate cremation certificate on application and on payment of a prescribed fee to the Manager: Social Services.
Paupers and indigent persons
38. Paupers’ and indigent burials
39. Prohibited acts
- Entire By-law
- 1. Definitions
Chapter 1 – Disposal of body
- 2. Requirements for disposal of body
- 3. Application for burial
- 4. Reservation of grave
- 5. Postponement or cancellation of burial
- 6. Number of bodies in coffin
- 7. Burial and subsequent burials
- 8. Private rights
- 9. Sizes of graves
- 10. Enlarging and deepening grave
- 11. Coffins
- 12. Covering of coffins
- 13. Body bags
- Chapter 2 – Funerals
- Chapter 3 – Re-opening of graves and exhumations
- Chapter 4 – Care of graves
- Chapter 5 – Memorial section
- Chapter 6 – Cremations
- Chapter 7 – Paupers and indigent persons
- Chapter 8 – General
History of this By-law
27 February 2009 this versionPublished in Eastern Cape Provincial Gazette no. 2042By-law commences.