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This is the latest version of this By-law.
Cemeteries and Crematoria By-law, 2007
- Published in Western Cape Provincial Gazette no. 6426 on 16 March 2007
- Commenced on 16 March 2007
- [This is the version of this document from 16 March 2007 and includes any amendments published up to 13 May 2022.]
Purpose of By-law• To provide for cemeteries for the burial of dead bodies and crematoria for cremation of dead bodies.• To provide for procedures, methods and practices to regulate the burial and exhumation of dead bodies, the provision of grave plots and the maintenance thereof as well as the cremation of dead bodies.
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans text shall prevail in the event of an inconsistency between the different texts, and, unless the context otherwise indicates:—"ashes" means the cremated remains of a body;"berm" means a concrete strip laid by the Municipality on a grave plot, on which a memorial stone, if any, is to be erected;"body" shall mean any dead human body, including the body of any stillborn child;"burial" means burial in the earth or some other form of internment and shall include any other mode of disposal of a body;"burial order" means an order issued in terms of the Births and Deaths Registration Act, 1992 (Act 51 of 1992);"cemetery" means any burial place which, as contemplated in section 3, has been duly set apart by the municipality for the burial or disposal of bodies within the municipal area of Drakenstein;"coffin" means any form of opaque outer shell which completely encloses the body and is of sufficient strength to bear the weight of a body without collapsing;"crematoria" means all the crematoria under the management and control of the municipality;"holder of reservation certificate" means a person to whom a certificate has been issued or transferred in terms of section 10;"memorial gardens" means any lawned or landscaped section or similar section cultivated in a cemetery for the purposes of commemorating any deceased;"municipal area" means the area described in Clause 2(1) of the Establishment Notice published under Provincial Notice 487 dated 22 September 2000;"municipality" means the Municipality of Drakenstein established in terms of section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 488 dated 22 September 2000 and includes any political structure, political office-bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office-bearer, councillor, agent or employee;"name" includes any identifying description of a deceased human being who possessed no name or whose name is unknown.
2. ApplicationThis by-law shall be applicable in the municipal area of Drakenstein.
4. ControlCemeteries and crematoria shall be under the control of the municipality.
Part 1 – Cemeteries
5. Authority for burial
6. Hours of burialExcept with the permission of the municipality, who shall record the circumstances under which such permission is granted, no person shall bury a body in a cemetery during the hours 16h30 and 09h00.
7. Register of burials
8. Demarcation of grave plotsThe municipality shall demarcate grave plots in accordance with an approved layout plan.
9. Reservation of grave plots
10. Provisions relating to the transfer of certificates of reservation
11. Notice of burial
12. Removal of monuments or structuresIf it is necessary to remove a monument or other structure for the purpose of a burial, it shall be removed by the holder of the certificate of reservation in respect of such plot or by his duly authorised representatives not less than two working days before the burial is to take place.
13. Grave to be identifiedIn every case where a burial has been authorised in terms of section 12, the municipality shall number the plot allotted for such burial and no person shall bury any body in any grave other than that allotted by the municipality for such purpose.
14. Dimensions of graves
15. Provisions relating to grave plots
16. Burials in one graveIn the case of a family, more than two bodies may be buried in one single grave at the discretion of the municipality; provided that not more than two coffins shall be used; provided further that the lid of the second coffin placed in the grave under no circumstances be less than 900 mm from the surface, that, in the event of the reopening of the grave for the purpose of the burial of a further body, a layer of soil not less than 150 mm thick shall be left undisturbed above the coffin previously placed in the grave and that, if on the reopening of any grave the soil is found to be offensive, the reopening shall not be proceeded with and the grave shall be refilled.
17. Preparation of graves, and coffins
18. Provisions relating to funerals
19. Provisions relating to exhumations
20. Provisions relating to memorial stones or monuments
21. Grave plots supplied with a bermNotwithstanding anything to the contrary contained in this by-law, a grave plot which is supplied with a berm shall be subject to the following conditions—(a)No kerbing shall be erected on such a plot.(b)The base of a memorial stone shall not be larger than 610 mm by 260 mm; provided that the base of a memorial stone which is erected over two adjoining grave plots may be 1 220 mm by 260 mm.(c)A memorial stone which is erected shall not protrude beyond the base and shall be at least 120 mm from the front edge of the berm.
22. Maintenance of graves
23. Provisions relating to persons dying outside the municipal area
24. Fees payableAll fees payable in respect of burials and cremations shall be determined by the municipality.
Part 2 – Crematoria
25. Application for cremation
28. General requirements for memorials and memorial work
29. Disposal of ashes
Part 3 – General
30. General provisions relating to cemeteries and crematoria
31. Offences and penaltiesAny person contravening the provisions of this by-law shall be guilty of an offence and liable on conviction to—(1)a fine or imprisonment, or either such fine or imprisonment or to both such fine and such imprisonment;(2)in the case of a continuing offence, to an additional fine or an additional period of imprisonment or to such additional imprisonment without the option of a fine or to both such additional fine and imprisonment for each day on which such offence is continued; and(3)a further amount equal to any costs and expenses found by the court to have been incurred by the municipality as result of such contravention or failure.
32. Repeal of by-lawsThe by-laws listed in the fourth schedule hereto are hereby repealed to the extent indicated in the third column thereof.
33. Short title and commencementThis by-law shall be known as the By-Law Relating to Cemeteries and Crematoria and shall come into operation on the date of publication thereof in the Provincial Gazette.
History of this By-law
16 March 2007 this versionPublished in Western Cape Provincial Gazette no. 6426By-law commences.