Hessequa
South Africa
South Africa
Cemeteries and Crematoria By-law, 2008
- Published in Western Cape Provincial Gazette 6588 on 19 December 2008
- Commenced on 19 December 2008
- [This is the version of this document from 19 December 2008 and includes any amendments published up to 9 June 2023.]
1. Interpretation
2. Principles and objectives
The purpose of this by-law is to make provision for the allocation of land for the purposes of the burial of human remains, to develop and maintain existing cemeteries, to permit its residents to dispose of a corpse by cremation and to provide space allowing the preservation of the remains of a cremation in a dignified manner.Chapter 1
Establishment and maintenance of cemeteries
3. Establishment and maintenance of cemeteries
4. Alternatives to burial
The municipality may, if compelled to do so by environmental considerations, or the shortage of land for burial purposes, and subject to the provisions of any other law regarding the rights of a person, request that a corpse be disposed of by any other accepted method other than burial.Chapter 2
General provisions relating to places of interment
5. Appointment of caretaker
6. Hours of admission for public
7. Keeping to paths
Except for purposes permitted by this by-law, a person may only use a path provided in the place of interment, and failure to do so constitutes an offence.8. Prohibited conduct
9. Right of interest in ground
Chapter 3
General provisions relating to interment
10. Consent required
11. Interment times
12. Register
The caretaker must keep a record of all interments, and the record must contain:13. Interment of destitute persons
14. Number of corpses in one coffin
Chapter 4
Burial
15. Dimensions of graves
16. Burial
17. Reservation of grave plots
18. Child’s grave
The dimensions of a child’s grave will be the same as that of an adult and more than one child may be interred in the same grave, provided that there is at least 200 millimetres of soil between the coffins and provided further that there is at least 1200 millimetres of soil between the top coffin and the natural ground level19. Construction material of coffin
20. Number of bodies in one grave
Subject to the provisions of sections 14(2), 16(1) and 18, more than one corpse may be interred in a single grave.21. Hearse and vehicle at cemetery
22. Music inside cemetery
Only sacred singing is allowed in a cemetery, except in the case of a police or military funeral, in which case the prior permission of the caretaker must be obtained.23. Number on grave
No person may bury a corpse in a grave on which a peg marked with the number of the grave has not been fixed.Chapter 5
Exhumation of corpse and re-opening of grave
24. Disturbance of mortal remains
25. Time of exhumation
No person may exhume or cause a corpse to be exhumed at any other time than that specified by the municipality.26. Re-opening of grave
Chapter 6
Care of graves
27. Shrubs and flowers
The municipality may, at any time, prune, cut down, dig up or remove any shrub, plant, flower, foliage, wreath or adornment if it becomes unsightly, is damaged or wilted.28. Care of grave
Chapter 7
Cremation
29. Receptacles and ashes
30. Burial and exhumation of ashes
31. Cremation certificate
Chapter 8
Erection and maintenance of memorial work
32. Consent of municipality
33. Requirements for erection of memorial work
34. Position, movement and removal of memorial work
35. Repairs to memorial work
36. Supervision of work
A person engaged upon any work in a cemetery must effect the work under the supervision of the caretaker, and failure to do so constitutes an offence.37. Conveying of memorial work
No person may convey any stone, brick or memorial work or a portion thereof within a cemetery upon a vehicle or truck, which may cause damage to the paths or grounds or structures of the cemetery.38. Vehicle and tools
Every person engaged in work upon a grave or plot must ensure that the vehicles, tools or appliances be of such a kind as not to contravene this by-law and by no means block any road or roads.39. Times for bringing in material and doing work
40. Production of written permission
A person charged with a work or on his or her way to or from work within the cemetery must, upon demand from the municipality, produce the written consent issued to him or her in terms of section 32.41. Memorial work in crematorium
42. Commonwealth War Graves
The graves of people who fell in conflict, whose graves are cared for or maintained by the Commonwealth War Graves Commission in terms of the Commonwealth War Graves Act, 1992, (Act 8. of 1992), or the South African Heritage Resources Agency in terms of the National Heritage Resources Act, 1999 (Act 25 of 1999), or by any other recognised body, or by any foreign government, may, on application to the municipality, be exempted from the requirements of this chapter.Chapter 9
Sections in cemeteries
43. Municipality may establish sections
44. Memorial section
45. Open section
This section allows for the purchase of the grave only, and at a later stage may request permission to erect memorial work on payment of the prescribed fee.46. Aesthetic section
47. Berm section
48. Garden of Remembrance
49. Heroes’ acre
Chapter 10
Private cemeteries
50. By-laws apply
The provisions of this by-law apply, mutatis mutandis, to private cemeteries.51. Establishment and continued use of cemeteries
52. Duties of proprietors
Chapter 11
Disused cemeteries
53. Use of disused cemeteries
Chapter 12
Miscellaneous
54. Authentication and service of order, notice or other document
55. Complaint
A person wishing to lodge a complaint must lodge such complaint in writing with the municipality.56. Notice of compliance and representations
57. Costs
Should a person fail to take the measures required of him or her by notice, the municipality may recover from such person all costs incurred as a result of it acting in terms of section 56.58. Appeal
A person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act (Act 32 of 2000) to the municipal manager within 21 days of the date of the notification of the decision.59. Charges
Should a person fail to pay a prescribed fee, the municipality may act in accordance with the provisions of its Customer Care and Revenue Management By-law.60. Penalties
A person who has committed an offence in terms of this by-law is, on conviction, and subject to penalties prescribed in any other law, liable to a fine or in default of payment, to imprisonment, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment, and in the case of a successive or continuing offence, to a fine for every day such offence continues, or in default of payment thereof, to imprisonment.61. Exemptions
62. Liaison forums in community
63. Revocation of by-laws
The provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality, are hereby repealed as far as they relate to matters provided for in this by-law, and insofar as it has been made applicable to the municipality by the authorisation for the execution of powers and functions in terms of section 84(3) of the Local Government: Municipal Structures Act, Act 117 of 1998.64. Short title and commencement
This by-law may be cited as the Cemeteries and Crematoria By-law, and commences on the date of publication thereof in the Provincial Gazette.Cited documents 5
Legislation 5
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Births and Deaths Registration Act, 1992 | 1148 citations |
3. | National Heritage Resources Act, 1999 | 685 citations |
4. | Constitution of the Republic of South Africa, 1996 | 585 citations |
5. | Inquests Act, 1959 | 129 citations |