GENERAL

1. DEFINITIONS

For the purpose of these bylaws, the following words and expressions shall have the various meanings hereby assigned to them unless the context otherwise requires :

"adult" means any deceased person of the age of 12 years and over and whose coffin will fit in the aperture prescribed for adults in section 32 (1) of these bylaws;

"cemetery" refer to the cemetery in Siyayi Drive.

"child" means any deceased person under the age of 12 years and whose coffin will fit n the aperture prescribed for children in section 32(1) of these bylaws;

"Council" means the Mtunzini Local Council;

"grave" means any grave in which any person has obtained the right of having a single body interred;

"officer" means the person in the employ of the Council who from time to time is in control of any cemetery;

"ordinance" means the Cemeteries and Crematoria Ordinance, 1969 (Ordinance 39 of 1969);

"owner" means any person who has paid any fees set out in these bylaws or who has obtained any rights set out in these bylaws, or who has obtained the right to erect or build any memorial works or who has obtained any rights or ownership set out in these bylaws;

"person" means any person but shall not include any servant of the Council acting in the course and within the scope off his duties in any cemetery.

"plot" means any piece of ground laid out for two or more graves, the right to inter in which ground has been obtained or reserved in terms of these or any previous bylaws;

"Registrar or Deaths" means any person appointed by the government to register death;

"resident" means a person who, immediately prior to his death or at the time of his purchase of a grave domiciled within the area of the Borough of Mtunzini, or a person who has been the owner of fixed property situated within the area of the Borough of Mtunzini prior to his death; and

"superintendent" means the official of the Council appointed to be in the immediate charge of and to supervise the crematorium, or his deputy or assistant on duty at the time.

2. The Council may, from time to time, set apart any ground for the purpose of a cemetery and no person shall bury or inter or cause any body to be buried or interred in any other place in the Borough except with the written consent of the Council.

3. No person shall cremate, burn or dispose of any dead body in any other manner than by burial or interment in a cemetery except with the written consent of the Council.

4. No person shall bury or inter or cause any body to be buried or interred within a cemetery without the permission of the officer. Such permission shall only be given when a written order signed by the Registrar of Deaths authorizing such interment is furnished to the officer with the notice of interment. In all cases where an inquest has been held, a magistrate's warrant hall in addition be furnished to the officer.

5. The Council may upon application and its discretion inter any body free of charge in such place and manner as the Council may decide.

6. Every cemetery be open for and during the hours as determined by the Council from time to time.

7. No child under 12 years of age shall be admitted inside any cemetery unless such child is under the care of an adult.

8. No person shall enter or leave any cemetery except by the proper entrance gates or shall enter any office or enclosed place in the cemetery, except on business.

9. No person shall solicit any business order or exhibit, distribute or leave any tracts, business card of advertisement within any cemetery and no person shall use any cemetery road or walk for the conveyance of goods, parcels or other materials such as are intended for use in such cemetery.

10. No person shall sit, stand or climbed upon or over any gravestone, monument, palisading, gate. wall, fence of building in any cemetery.

11. No person shall commit any nuisance within any cemetery.

12. No person except where it is expressly permitted by these bylaws, hall disturb the soil, plant or uproot any shrub or flower, or in any way interfere with any grave or erection in any cemetery.

13. No person shall hold, or take part in any demonstration in any cemetery without the consent of the Council.

14. No person shall bribe or offer any gratuity to any servant of the Council employed in or about any cemetery, and no such servant shall accept any bribe or gratuity.

15. No person shall interrupt or take away from his duties any workman or labourer employed by the Council in any cemetery.

16. No person shall obstruct, resist or oppose the officer in the course of his duty or refuse to comply with any order or request which the officer is entitled under these bylaws to make.

17. No person shall use or cause any cemetery to be used for any immoral purpose.

18. No person shall mark, draw, scribble upon, or in any way deface any wall, building, fence, gate. memorial work, or other erection within any cemetery.

19. All the fees specified in the schedule hereto shall be paid to the officer in respect of the various items therein contained and no interment, except by the special permission of the council, shall take place until the specified fees have been paid.

20. No person shall acquire any right to or interest ion any ground or grave in any cemetery except such rights or interest as are obtained able under these bylaws.

21. Should any dispute arise between the officer and any person regarding the interpretation of these bylaws, the matter shall be referred to the Council, whose decision shall be final.

22. Any written permission, notice or other order issued by the Council, under these bylaws, shall be signed by the Town Clerk of his authorised deputy and shall be prima facie proof thereof.

PART II

INTERMENTS

23. Any person shall on payment of the fee prescribed in the schedules to these bylaws have the right to reserve only one grave directly next to a deceased for future use.

24. Any person desiring to reserve the use of any grave shall apply to the officer. Such grave shall be allotted and held subject to these bylaws.

25. No person shall transfer or sell the rights to any reserved grave without the consent of the Council.

26. Where the rights of a reserved grave have been cancelled by the holder thereof, the Council reserves the right to reallocate such grave, at the normal tariffs applicable as set out in the Schedule hereto.

27. Any person wishing to have any body interred in a grave shall pay the fees prescribed in the schedules hereto for such interment to the officer at the time that the notice of interment is given. Such person shall upon payment of the said fee be entitled to a single interment only, and the position of the grave which shall remain the Council property, shall be determine by the Officer.

28. Any person wishing to have body interred in a grave, and in which a previous interment has already been made, shall pay the fees for a second interment as prescribed in the Schedule hereto.

29. Any person wishing to have any body interred shall give notice to the officer on the official form by the Council for the purpose not less than 12 office hours before such interment and such person shall in the notice of interment furnish the name, age, residence, trade, occupation, nationality, cause and date of death, as well as religious denomination of the dead person, and any person giving any false information in such notice, shall be deemed to have committed a breach of these bylaws.

30. All fees and charges shall be paid at the office of the Town Treasurer where an official receipt will be issued.

31. If any alteration is made in the day or hour previously fixed for an interment, notice of such alteration shall be given to the officer at the cemetery not less than 12 office hours before the time appointed for such interment.

32. The standard dimensions of the aperture of any grave shall be as follows :

Adult :

Length : 2500mm
Breadth : 1500mm
Depth : 1800mm

Child :

Length : 1500mm
Breath : 600mm
Depth : 1500mm

33. Any person requiring an aperture of larger dimensions for any interment shall together with the notice of interment, give the measurement of the coffin, including fittings.

34. Should a child's coffin b too large for a child's grave it will be placed in an adult's grave, and the usual fee for the interment of an adult shall be paid by the person giving the notice of interment.

35. No adult's grave shall be less than 1800mm in depth, and no child's grave shall be less that 1500mm in depth.

36. No grave shall be opened within two years from the date of the last interment therein, without the written consent of the Council. If the person interred shall have died from an infectious disease the abovementioned period shall be six year.

37. There shall be at least 1200mm of earth between an adult's coffin and the surface of the ground and at least 900mm of earth between a child's coffin and the surface of the ground.

38. Except with the permission of the Council no person shall place or cause any coffin constructed of any material other than soft wood or other perishable material to be placed in ant grave.

39. A deceased newly born or still born child and his deceased mother may be buried in the same coffin at the fee for a single interment of an adult.

40. No person shall convey any dead body in an unseemly manner or expose any such body or part thereof in any street, cemetery or public place.

41. Every person taking part in any funeral, procession or ceremony shall comply with the directions of the officer while such person is within the cemetery.

42. In any case where it is possible that a large number of person will be present at any interment, the person giving notice of such interment, shall notify the fact to the officer the day before the funeral.

43. Except in the case of military interments, no music shall be performed inside any cemetery without the special permission of the Council.

44. Every person conducting any interment at a cemetery may arrange for the attendance of a minister of religion if he desires one to be present.

45. No person shall occupy any chapel or shelter in any cemetery for the purpose of any funeral for more than 30 minutes.

46. No person shall fix any peg in any grave which has not been duly allotted in terms of these bylaws, and no person shall inter any body in any grave upon which a peg containing the number of such grave has not been lawfully fixed.

47. No funeral may be held before 09:00 on any day and the Church service shall not end later than 14:00.

PART V

EXHUMATION OF BODIES AND REOPEING OF GRAVES

48. No person shall exhume or cause any body to be exhumed or removed without the permission in writing of the Council and the medical officer of health, and the fee for exhumation mentioned in the Schedules hereto shall in every case be paid before the exhumation takes place. Such permission shall be handed to the officer at least two days before the day proposed for the exhumation or removal of such body.

49. Nothing contained in these bylaws shall be deemed to give any person the right to commit a breach of the law in force from time to time relating to the exhumation of bodies and reopening of graves for the propose of a exhumation of bodies.

50. No person shall exhume or cause any body to be exhumed during such time as the cemetery is open to the public, provided that the exhumation is carried out in daylight only.

51. The grave from which any body is to be removed shall be effectively screened from view during the exhumation.

52. No exhumation or removal of any body shall be made by any person unless the medical officer of health or his authorised representative is present.

53. No person will be permitted to open any grave until he has satisfied the Council that he is entitled thereto.

54. If at any time the removal of any body shall seem to the Council advisable, or if body shall have been buried in a grave in contravention of any provision of these bylaws, the Council may cause such body to be removed to another grave, provided that any near relative of such deceased person resident within the municipality shall, If possible, be communicated with all legal requirements have been complied with.

PART VI

ERECTION AND MAINTENANCE OF TOMBSTONES

55. No person shall erect, alter, clean, renovate, decorate, remove or otherwise interfere with any tombstone or cut any inscription on a memorial in any cemetery without the consent in writing of the Council and of the owner of such memorial.

56. No person shall erect any tombstone without the number and section letter of the rave being indicated thereon.

57. The Council may exclude any proposed tombstone which, in its opinion is of inferior workmanship or quality, or which is likely in any way to disfigure any cemetery or is obnoxious.

58. If the owner of any tombstone shall allow the same to fall into disrepair the Council may, by written notice, require him to effect repairs as may, in its opinion be necessary and if the address of such owner is not known to the Council such notice shall be published in a daily newspaper circulating within the municipality. In the event of such repairs no being affected within one month from the date of publication of such notice the Council may itself affect such repairs or remove the said tombstone without paying any compensations, and recover the expense of such repair or removal from the owner.

59. Any person engaged upon any work in a cemetery shall effect such work under the supervision and to the satisfaction of the officer.

60. The Council shall in no case be liable for any damage which may at any time occur too any tombstone, whatever nature it may be.

61. The Council may at any time at its discretion reverse, refix, move, re-erect or replace any tombstone in any cemetery.

62. No person shall bring any material into any cemetery for the purpose of constructing any tombstone upon any grave unless and until

1. a sketch with dimensions figured thereon, and showing th position of the proposed work, accompanied by a specification of material to be used and a copy of any proposed inscription, carving or ornamentation, has been submitted to the officer not less than three days before it is proposed to bring such material into the cemetery.

2. all fees due in respect of such grave or plot have been duly paid, and

3. the Council's written approval of the proposed work has been given to the applicant.

63. Tombstones placed, constructed, altered, decorated, painted or otherwise dealt notwithstanding that the approval of the officer has been given for the same, may be removed by the Council without payment of any compensation.

64. No person in constructing any tombstone shall fail to observe any of the following conditions :

1. Any part of such work which rests upon the ground, or any brick stone or other foundation, shall be fairly squared and bedded.

2. The undersides of every tombstone and the base of every headstone or monument shall be placed at least 50mm below the natural level of the ground.

3. All headstones inclusive shall be securely attached to the base in an approved manner.

4. All tombstones shall be furnished before they are brought into any cemetery.

5. No soft stone shall be used for any tombstone - only granite or marble is permissible.

7. No person shall do any stone work, chiseling or other work, lettering excepted, upon any tombstone not connected with the fixing of such works in position within any cemetery except where such work is expressly permitted by these bylaws.

8. In all cases where any tombstone shall have a base -

a) such work shall have such brick, stone or other foundation as the officer mat prescribe;

b) such work shall be set with cement or mortar.

65. No person shall bring any tombstone into a cemetery without the written permission of the Council.

66. No person shall convey any stone, brick or tombstone or any portion thereof into any cemetery upon any vehicle or truck which has not been approved in advance by the officer.

67. Every person engaged upon any work to any grave or plot shall provide such vehicles, tools and other appliances as may be required by him, provided that no such vehicles, tools or appliances shall be of such kind as to contravene these bylaws.

68. Every person carrying on any work within any cemetery shall comply with the directions of the officer.

69. a) No person shall at any time leave any rubble, loose soil, stone or other
debris within any cemetery, or in any way damage or deface any part
of any cemetery or anything therein contained.

b) Any rubble, loose soil, stone or other debris not removed from the cemetery within 24 hours after completion of any work shall be removed by the Council at the cost of the constructor of the tombstone.

70. No person shall bring any tombstone or material or do any work within any cemetery except during the following hours :

Mondays - Friday : 07 : 00 - 14 : 00

71. No person shall fix or place any tombstone in unsuitable weather or while the ground is not in a fit state.

72. Every person at work, or on his way to and from work, within any cemetery shall, upon demand at any time, produce his written permission to carry out such work.

73. In all new cemeteries where no interments have taken place at the time of promulgation of these bylaws, the following conditions and charges shall be in force :

a) The dimension of any headstone for a single grave shall not exceed the following measurements :

Height : 300mm
Width : 600mm
Thickness : 150mm

b) No kerbing shall be allowed.

c) The Council shall have the right to maintain all graves.

d) No person shall be allowed to place any item, including decorations, ornaments, wire work, vases, plant holders, flower pots, flowers, shrubs, whether they are in natural or artificial form or loose or in vases or in wreaths; around or on any grave from the date of one month from th interment, except as approved by the official failing which Council shall have the right to remove or destroy same.

e) The charges in respect of all sections of a cemetery, as outlined in these bylaws, are applicable as set out in the Annexure attached hereto.

PART VII

GARDEN OF REMEMBRANCE

74. NICHES

a) The sizes of niches provided in the Wall of Remembrance shall be
345mm x 180mm x 220mm. These inches shall be used for the safekeeping of the mortal remains after cremation.

b) Not more than two urns or caskets shall be placed in one niche.

c) Niches shall be available in numerical order and no niche shall be reserved or sold in advance.

d) The sealing of the niche by means of the prescribed memorial tablet shall take place simultaneously with the interment of the ashes.

e) Interments shall take place under supervision of the officer.

75. MEMORIAL TABLETS FOR NICHES

a) The prescribed memorial tablet shall consist of natural marble or granite and the size thereof shall not exceed 325 mm x 250mm x 25 mm.

b) A detailed sketch plan of the memorial table shall be submitted to the Council for approval.

c) Memorial tablet shall be fixed to the Wall of Remembrance on all four corners of non-corrosive embedded in plastic or nylon wall plugs.

d) No memorial tablet shall be erected or removed for any purposes whatsoever without the written approval of the Council.