Knysna
South Africa
South Africa
Funeral Parlours, Cemeteries and Crematoria By-law, 2015
- Published in Western Cape Provincial Gazette 7487 on 11 September 2015
- Commenced on 11 September 2015
- [This is the version of this document from 11 September 2015 and includes any amendments published up to 12 April 2024.]
1. Interpretation
2. Principles and objectives
The purpose of this by-law is to control funeral undertaker’s premises, 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
Funeral undertakers' premises
3. Applicable legislation
The National Building Regulations and Building Standards Act, 103 of 1977 apply in respect of funeral undertaker‘s premises.Chapter 2
General provisions relating to cemeteries and crematoria
4. Establishment and maintenance of cemeteries
5. 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.6. Demarcation of grave plots
The Municipality shall demarcate grave plots in accordance with an approved layout plan.7. Designation of caretaker
8. Hours of admission for public
9. Children
10. Keeping to path
Except for purposes permitted by this by-law, a person may only use a path provided in the cemetery, and failure to do so constitutes an offence.11. Prohibited conduct within cemetery and crematorium
12. Right of interest in ground
Chapter 3
General provisions relating to interment and cremation
13. Consent required for interment and cremation
14. Interment and cremation times
15. Register
The caretaker must keep a record of all interments and the record must contain:16. Indigent and destitute persons
17. Number of corpses in one coffin
Chapter 4
Interment
18. Burials
19. Dimensions of graves and apertures
20. Depth of grave
21. Reservation of grave
22. Child’s coffin too large
Should a child‘s coffin be too large for the dimensions of a child’s grave, it must be placed in an adult grave and the prescribed fee for an adult’s interment must be paid.23. Construction material of coffin
24. Number of bodies in one grave
Subject to the provisions of section 17(2), more than one corpse may be interred in a single grave.25. Coffin to be covered with earth
The person responsible for an interment must ensure that a coffin, upon being placed in a grave is covered without delay with at least 300 mm of earth, and failure to do so constitutes an offence.26. Religious ceremony
The members of a religious denomination may conduct during the interment and at the grave, a religious ceremony in connection with an interment or memorial service.27. Hearse and vehicle at cemetery
28. Instruction of caretaker
A person taking part in a funeral procession or ceremony in a cemetery must follow instructions by the caretaker, and failure to do so constitutes an offence.29. Interment attended by more than fifty people
Where it is probable that more than 50 people will be present at an interment, the Municipality may require that the caretaker be notified.30. Occupation of chapel or shelter
31. Number on grave
Chapter 5
Exhumation of corpse and re-opening of grave
32. Disturbance of mortal remains
33. Time of exhumation
34. Re-opening of grave
Chapter 6
Care of graves
35. 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.36. Care of grave
Chapter 7
Cremation
37. Receptacles and ashes
38. Burial and exhumation of ashes
39. Cremation certificate
Chapter 8
Erection and maintenance of memorial work
40. Consent of Municipality
41. Requirements for erection of memorial work
42. Position, movement and removal of memorial work
43. Repairs to memorial work
44. Supervision of work
A person engaged in work in a cemetery is under the supervision of the caretaker and failure to follow his or her instructions constitutes an offence.45. Damaging of memorial work
Unless due to the negligence of its employees, the Municipality is not responsible for any damage to a memorial work.46. Conveying of memorial work
47. Vehicle and tools
Every person engaged with work upon a grave or plot must ensure that the vehicles, tools or appliances do not block any road and failure to do so constitute an offence.48. Complying with Municipality’s directions
A person carrying on work within a cemetery must in all respects comply with the directions of the Municipality and failure to do so constitute an offence.49. Times for bringing in material and doing work
50. Inclement weather
51. Production of written permission
A person engaged in work or on his or her way to or from work within the cemetery must upon demand from the Municipality or its authorized official, produce the written consent issued in terms of section 40 and failure to do so constitute an offence.52. Memorial work in crematorium
Chapter 9
Sections in cemetery
53. Municipality may establish sections
54. Monumental section
55. Garden of Remembrance
56. Heroes Acre
57. Aesthetic section
58. Panoramic section
59. Open section
This section allows for the purchase of the grave only, and at a later stage, applicants may request permission to erect memorial work on payment of the prescribed fee.Chapter 10
Private cemeteries
60. By-laws apply
The provisions of this by-law apply mutatis mutandis to private cemeteries.61. Establishment and continued use of cemeteries
62. Duties of Proprietors
Chapter 11
Miscellaneous
63. Use of disused cemeteries
64. Authentication and service of order, notice or other document
65. Complaint
A person wishing to lodge a complaint must lodge it in writing with the Municipal Manager.66. Notice of compliance and representations
67. Costs
Should a person fail to take the measures required of him or her by notice, the Municipality may recover all costs incurred as a result of it acting in terms of section 66 (11) from the person.68. 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.69. 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.70. Penalties
A person who has committed an offence in terms of this by-law is, on conviction, liable to a fine or in default of payment, to imprisonment for a period not exceeding six months or to such imprisonment without the option of a fine or to both such fine and such imprisonment.71. Limitation of liability
The Municipality is not liable for any damage or loss caused by the exercise or failure to exercise any power or the performance of any duty in good faith under this by-law.72. Exemptions
73. Liaison forums in community
74. Indemnity
75. 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 1998.76. Short title and commencement
This by-law may be cited as the Knysna Funeral Parlours, Cemeteries and Crematoria by-law and commences on the date of publication thereof in the Provincial Gazette.History of this document
11 September 2015 this version
Cited documents 6
Legislation 6
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4003 citations |
3. | Births and Deaths Registration Act, 1992 | 1148 citations |
4. | Health Act, 1977 | 475 citations |
5. | National Health Act, 2003 | 430 citations |
6. | Inquests Act, 1959 | 129 citations |