SOUTH-EAST DISTRICT COUNCIL (CEMETERY) BYE-LAWS

(sections 44 and 45)

(5th November, 2021)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Establishment of cemeteries

    4.    Burial in cemetery

    5.    Permit for burial

    6.    Application for burial permit

    7.    Fees

    8.    Issue of permit

    9.    Dimensions of grave

    10.    Body to be buried in a coffin

    11.    Coffin to be covered

    12.    Graves to be numbered and burial registered

    13.    Digging of grave

    14.    Restrictions on erection of memorial works on graves

    15.    Exhumations and re-opening of grave

    16.    Restricted number of bodies in one grave

    17.    Hours of opening of cemetery

    18.    Closing of cemetery

    19.    Exercise of control by caretakers

    20.    Offences within a cemetery

    21.    Penalties

        SCHEDULE 1

        SCHEDULE 2

        SCHEDULE 3

S.I. 94, 2021.

1.    Citation

    These Bye-laws may be cited as the South-East District Council (Cemetery) Bye-laws.

2.    Interpretation

    In these Bye-laws, unless the context otherwise requires—

    "authorised official" means the Council Secretary or any employee duly authorised thereto;

    "caretaker" means the person designated by the District Council as such;

    "cemetery" means any designated area established as a cemetery under bye-law 3;

    "Council" means the South-East District Council;

    "Council area" means the area of jurisdiction of South-East District Council so designated for the purpose of these Bye-laws;

    "memorial work" means any grave stone, monument epitaph, tabled or monumental inscription and any work ancillary thereto.

3.    Establishment of cemeteries

    The Council shall establish and designate areas within the jurisdiction of the Council area as cemeteries.

4.    Burial in cemetery

    (1) A person shall not bury or cause to be buried, a body in a place other than a cemetery.

    (2) Without prejudice to sub-bye-law (1), the Council may in special circumstances authorise burial in other places other than the designated cemetery.

5.    Permit for burial

    (1) A person shall not bury or cause to be buried, a body in a cemetery unless a permit for the burial of that body has been issued by the Council or the caretaker of the cemetery and upon payment of the fees prescribed in bye-law 6.

    (2) A person who contravenes this bye-law commits an offence and is liable to the penalty prescribed under bye-law 21.

6.    Application for burial permit

    (1) Every application for a burial permit under these Bye-laws shall be in the Form A set out in Schedule 1 and, shall be accompanied by—

    (a)    a death certificate signed by a medical practitioner or a certified copy thereof, or a letter certifying the deceased’s death from Kgosi, of the tribal territory; or

    (b)    by the written sanction of a magistrate or administrative officer authorising the burial.