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South Africa
Mpumalanga Cemeteries, Crematoria and Exhumation of Bodies Act, 2005
Act 8 of 2005
- Published in Mpumalanga Provincial Gazette 1397 on 27 December 2006
- Assented to on 28 November 2006
- Commenced on 17 September 2007 by Mpumalanga Cemeteries, Crematoria and Exhumation of Bodies Act, 2005: Commencement
- [This is the version of this document from 27 December 2006 and includes any amendments published up to 7 March 2024.]
Part 1 – Interpretation
1. Definitions
In this Act, unless the context indicates otherwise—“body” means the dead body of a human being and includes—(a)the body of a still-born child; and(b)any human remains; and “corpse” has a corresponding meaning;“by-laws” means legislation passed by the council of a municipality binding in the municipality on persons to whom it applies;“cemetary” means any area of land which has been declared to be a cemetary in terms of section 2;“cremate” means to reduce any human remains to ashes by burning or the application of heat, and “cremation” has a corresponding meaning;“crematorium” means any building fitted with appliances for cremation, including everything essential, incidental or ancillary thereto and includes any structure which in any special circumstances may be approved as a crematorium;“grave” means an excavation in which human remains have been placed for purposes of burial and includes but is not limited to tombstones;“human remains” means any human corpse or any tissue or bone which is identifiable as having formed part of a corpse, but does not include the ashes remaining after a corpse has been cremated;“inspector” means a person appointed in terms of section 8;“municipality” means a municipality as defined in section 2 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);“prescribed” means prescribed by regulations;“public place” means a public place as defined in section 1 of the Land Survey Act, 1997 (Act No. 8 of 1997);“public road” means any road declared a public road in terms of any law, but does not include a national road as defined in the National Roads Act, 1971 (Act No. 54 of 1971);“Province” means the Mpumalanga Province established in terms of section 103 of the Constitution of the Republic of South Africa, 1996;“Provincial Gazette" means the Provincial Gazette of the Province;“this Act” includes regulations made in terms of section 15; and“traditional council” means a traditional council established or deemed to have been established in terms of the Mpumalanga Traditional Leadership and Governance Act, 2005 (Act No. 3 of 2005).Part 2 – Establishment and operation of cemeteries
2. Establishment of cemetery
A municipality may, in the prescribed manner, establish and operate one or more cemeteries in its area of jurisdiction: Provided that a cemetery may not be established or operated—3. Permission for burial of persons
Whenever a person dies, a municipality must, if an application is made to it by the person responsible for the burial of the deceased person, permit the burial of such deceased person in a cemetary operated by such municipality, subject to—4. Restrictions on burial of persons
A municipality may, if an application is made to it, on payment of fees payable in terms of applicable by-laws, set aside a cemetery or portion of such cemetery for the burial of the bodies of persons who—Part 3 – Establishment and operation of crematoria
5. Establishment and maintenance of crematorium
6. Conditions for establishment of crematorium
7. Site of crematorium
A crematorium may not be established within—8. Appointment and powers of inspector
9. Routine inspection of crematorium
10. Entry and search of crematorium with warrant
11. Entry and search of crematorium without warrant
An inspector accompanied by a police officer may, without a warrant exercise any power referred to in section 10 if—12. Closing of crematorium
Part 4 – Exhumations and removal of graves
13. Prohibition of desecration, destruction or damage to graves
Subject to the provisions of any other law relating to the disposal of bodies, no person may desecrate, destroy or damage—14. Exhumation of bodies
Part 5 – General provisions
15. Regulations and by-laws
16. Offences and penalties
Any person who—17. Transitional arrangements
18. Repeal of laws and savings
19. Short title and commencement
This Act is called the Mpumalanga Cemeteries, Crematoria and Exhumation of Bodies Act, 2005 and comes into operation on a date determined by the Premier by notice in the Provincial Gazette.History of this document
17 September 2007
27 December 2006 this version
28 November 2006
Assented to