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This is the latest version of this By-law.
Cemetery By-law, 2003
- Published in Western Cape Provincial Gazette no. 6067 on 19 September 2003
- Commenced on 19 September 2003
- [Up to date as at 26 February 2021]
1.In this by-law:—"caretaker" means a person or official appointed by the Municipality to be in charge of and to exercise control in a cemetery;"cemetery" means a piece of land duly set aside by the municipality for burials, either within or outside the area of the municipality;"grave" means a demarcated plot for the burial of a body in a cemetery; and"municipality" means the Swartland Municipality;
2.The Municipality may set aside any portion of a cemetery for the burial of the deceased of any group or other body or community; provided that —(a)"religious group" shall not be construed as being a denomination, and(b)such setting aside shall not entitle any person to be buried in any particular place in a cemetery.
5.Except with the permission of the caretaker who shall record the circumstances under which such permission is granted, no person shall bury a body in a cemetery during the hours between sunset and sunrise.
6.No person shall —(a)bury a body, unless the grave is of sufficient depth so that the top of the body, or, if contained in a coffin or container, the top of the coffin or container is not less than 1 050 mm below the surface of the ground when the grave has been filled up;(b)bury more than one body in a grave, unless the grave has been dug to a sufficient depth so that subsection (a) may be complied with and so that the first body or, if such body is in a coffin or container, such coffin or container may be covered with 100 mm of reinforced concrete or 300 mm of soil when the second body is buried, or(c)remove a body from a grave in order to enlarge such grave.
10.No person shall —(a)use any portion of a cemetery for the cutting, dressing and manufacturing of tombstones, monuments, railings, kerbs or other grave fittings except with the permission of the municipality or otherwise than in accordance with the conditions determined by the municipality;(b)carry out any work in connection with any kerb, tombstone, monument, railings or fence on or round a grave or bring any materials into a cemetery for the purposes of such work, except during the following hours: Mondays to Saturdays: sunrise to sunset, or(c)at any time leave any building sand, stones, builder’s rubble, soil, rubbish, or other debris in the cemetery.
14.No person shall —(a)enter or leave a cemetery except by the proper gates;(b)sit, stand or climb upon or over a memorial work, gate, wall, fence or building in a cemetery;(c)drive a hearse in a cemetery except upon the carriage ways provided for that purpose;(d)enter a cemetery —(i)with a bicycle; or(ii)with any other vehicle without the permission of the caretaker;(e)conduct a religious ceremony or service according to the rites of any denomination in that part of a cemetery set aside for members of any other denomination;(f)expose or convey a body in an unseemly manner in a street, cemetery or other public place;(g)mark, draw, scribble or erect an advertisement upon, or in any way deface a wall, building, fence, gate, memorial work or other erection in a cemetery;(h)pick flowers in a cemetery;(i)smoke in a cemetery; or(j)bring an animal into a cemetery;(k)hold a demonstration or participate in such demonstration in a cemetery;(l)create or allow to be created a nuisance in a cemetery; nor shall any person disrupt or allow to be disrupted any funeral proceedings in a cemetery, or(m)discharge any firearm in a cemetery, except as a salute of a military funeral.
15.The charges payable in terms of section 3(1), as well as all other charges payable for burials, exhumations, reinterments or any other services rendered by the municipality in a cemetery or in connection with a funeral, shall from time to time be fixed by the municipality by resolution.
16.Any person who contravenes any provision of this by-law or disregards or fails to comply with a lawful instruction from the caretaker shall be guilty of an offence and liable upon conviction to a penalty not exceeding —
History of this By-law
19 September 2003 this versionPublished in Western Cape Provincial Gazette no. 6067By-law commences.