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Cemeteries, Crematoria And Funeral Undertakers By-Law, 2010

April 15, 2010

DRAFT

CITY OF CAPE TOWN

CEMETERIES, CREMATORIA AND FUNERAL UNDERTAKERS BY-LAW, 2010

Ina Heloise Van Reenen 1891-1917To repeal the Cape Metropolitan Council: By-law for Cemeteries and Crematoria, 2000; to provide for the control, regulation and development of cemeteries; and to provide for the disposal of corpses and the interment of human remains, in a dignified manner.

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PREAMBLE

WHEREAS in terms of Part B of schedule 5 of the Constitution of the Republic of South Africa 1996 cemeteries, crematoria and funeral parlours are local government matters;

AND WHEREAS section 73 of the Local Government Municipal Systems Act, 2000 (Act No. 32 of 2000) places a general duty on municipalities to give effect to the provisions of the Constitution;

AND WHEREAS the City of Cape Town seeks to ensure the proper management of cemeteries, crematoria and funeral undertakers within the area of jurisdiction of the City;

AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town, as follows:-

TABLE OF CONTENTS

CHAPTER 1

  1. Definitions

CHAPTER 2

DISPOSAL AND INTERMENT OF A BODY

  1. Methods of disposal of a body
  2. Consent required for interment
  3. Interment times
  4. Coffin
  5. Construction material of coffin
  6. Coffin to be covered
  7. Dimensions of grave apertures
  8. Indigent persons
  9. Register
  10. Right of burial

CHAPTER 3

FUNERALS

  1. Religious and other ceremonies
  2. Music inside cemetery
  3. Interment attended by more than fifty people
  4. Hearse and other vehicle at cemetery
  5. Instruction of officer in charge

CHAPTER 4

FUNERAL UNDERTAKERS

  1. Funeral undertakers


CHAPTER 5

THE ADMINISTRATION AND CONTROL OF CEMETERIES

  1. Appointment of Officer in Charge
  2. Hours of admission for public
  3. Children
  4. Keeping to path
  5. Prohibited conduct within any cemetery

CHAPTER 6

PRIVATE CEMETERIES

  1. Parts of By-law applicable
  2. Duties of proprietors

CHAPTER 7

SECTIONS IN A CEMETERY

  1. City may establish sections
  2. Monumental section
  3. Berm section
  4. Landscape section
  5. Garden of Remembrance
  6. Crematorium and Promatoriam section
  7. Heroes Acre
  8. Mausolea section
  9. Surface Grave Units section
  10. Denominational section

CHAPTER 8

ERECTION AND MAINTENANCE OF MEMORIAL WORK AND CARE OF GRAVES

  1. Consent of City
  2. Requirements for erection of memorial work
  3. Position, movement and removal of memorial work
  4. Work and maintenance in respect of memorial work
  5. Damaging of memorial work
  6. Vehicle and tools
  7. Complying with City’s directions
  8. Times for bringing in material and doing work
  9. Unstable or saturated soil conditions
  10. Production of written permission
  11. Care of grave

CHAPTER 9

EXHUMATION AND REDUCTION BURIAL

  1. Application for exhumation
  2. Conditions of exhumation
  3. Emergency exhumations
  4. Wrongful burial
  5. Reduction burial

CHAPTER 10

USE AND CLOSURE OF DISUSED CEMETERIES

  1. Use and closure of disused cemeteries

CHAPTER 11

CREMATIONS

  1. Applications for cremation
  2. Cremations
  3. Coffins
  4. General requirements for memorials and memorial work
  5. Disposal of ashes

CHAPTER 12

MISCELLANEOUS

  1. Authentication and service of order, notice or other document
  2. Complaint
  3. Notice of compliance and representations
  4. Costs
  5. Appeal
  6. Charges
  7. Offences and Penalties
  8. Limitation of liability
  9. Exemptions
  10. Liaison forums in community
  11. Revocation of By-laws
  12. Short title and commencement
  1. 1. Definitions

In this By-law, unless the context otherwise indicates —

above-ground burial” means when a structure is employed for the interment of a body and such structure is located above normal ground level;

“approved” means approved by the City;

ashes” means the cremated remains of a corpse;

“ash grave” means a grave for the burial of cremated remains, with such grave covered by a memorial plaque or slab;

“berm section” means a grave section in a cemetery set aside by the City where memorial work is restricted to a headstone only with lawn planted over the length of the grave;

“burial” means when land is excavated for the interment of a body or ashes or when a structure is employed for the interment of a body or ashes;

“burial order” means a burial order issued in terms section 20 of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992);

“crematoria” means all crematoria under the management and control of the City;

“cemetery” means any land containing one or more graves or utilised for the interment of ashes;

“City” means the City of Cape Town established in terms of section 12 of the Local Government: Municipal Systems Act, 1998 (Act No. 117 of 1998) by Provincial Notice No. 479 dated 22 December 2000;

“City Parks” means the Department of City Parks in the Directorate: Community Services in the City of Cape Town;

corpse” means the remains of a deceased person and includes a still-born child and foetus;

“Council” means the Council of the City or any political structure, political office bearer, councillor or any staff member acting under council’s delegated or sub-delegated authority;

“cremation” means the process whereby a corpse is reduced by fire;

“cremated remains” means all recoverable ashes after the cremation;

“corpse reduction” means any process used to reduce corpses including cremation, promession and biodegradable process;

“Director” means the Director of the Department of City Parks, Directorate: Community Services of the City of Cape Town;

“environmental health practitioner” means a person appointed as such in terms of section 80 of the National Health Act 61 of 2003;

“exhumation” means the removal of a corpse from its grave;

“funeral undertaker” means any person, organisation or corporate body in the business of, or which undertakes the burial of corpses for gain;

“funeral undertaker’s premises” has the meaning assigned to it in regulation 1 of the regulations;

“garden of remembrance” means a section of a cemetery set aside for the erection of memorial work, niche walls, the establishment of ash graves and the scattering of cremated remains;

“grave” includes any place, whether wholly or partly above or below ground level in which a corpse is permanently interred or intended to be permanently interred, whether in a coffin or other receptacle or not, and also includes any monument, tombstone, cross, inscription, rail, fence, chain, erection or other structure of whatsoever nature forming part of or appurtenance to such grave;

“hero” means a person who is conferred the status of a hero in writing by Council;

“heroes acre” means a grave section in a cemetery set aside by the City in a cemetery for the interment or commemoration of a hero;

“in-ground burial” means when land is excavated for the interment of a body;

“interment” means to commit a corpse or ashes to its final place;

“landscape section” means a grave section in a cemetery set aside by the City where memorial work is restricted to a horizontally placed plaque or a memorial slab, with lawn planted over the length of the grave;

“mausoleum” means an above-ground burial chamber to accommodate a body and a coffin with such chambers stacked vertically in varying forms and heights;

“monumental section” means a grave section in a cemetery set aside for the erection of memorial work;

“memorial work” means any headstone, monument, plaque, other work or object, erected or intended to be erected in a cemetery to commemorate a deceased person, and includes a kerb demarcating a grave, a slab covering a grave and wooden, granite or marble  steel crosses;

“multiple burial” means subsequent interments in the remaining depth of a grave;

“niche” means a compartment in a structure in a cemetery designed for the placement of ashes;

“niche wall” means a wall or structure containing niches;

“officer in charge” means the authorised official whom the City appoints from time to time in a supervisory capacity with regard to a cemetery or crematorium;

“official” means an official of the City authorised to implement or enforce the provisions of any law;

“promession” means the process whereby the corpse is disposed of by freeze drying;

“prescribed fee” means a fee as determined by the City;

“private cemetery” means land which is used as a cemetery but not owned by the City;

“public grave” means a grave in which a second burial of any member of the public may take place after a period of five years and on which the erection of a headstone is not permitted for either the first or second burial;

“reduction burial” refers to the making of a grave available for a subsequent interment after a specified period;

“regulations” means the regulations governing Funeral Undertakers’ Premises, made under sections 33 and 39 of the Health Act, 1977 (Act No. 63 of 1977) ;

“surface grave units” means an above-ground burial system which employs prefabricated burial chambers to accommodate the body and the coffin, with such chambers layered above the normal ground level.

CHAPTER 2

DISPOSAL AND INTERMENT OF A BODY

Methods of disposal of a body

2. (1) Subject to the applicable provisions of this By-law, and any other applicable law, a body may be disposed of by-

(a)       in-ground burial;

(b)       above-ground burial in accordance with policy which may be developed by the City regulating above-ground burial;

(c)        cremation; or

(d)       promession and biodegradable process, in accordance with policy which may be developed by the City regulating these methods of corpse reduction.

Consent required for interment

3. (1) No person may dispose of a corpse in any manner other than the manner prescribed by the City in this By-law, and a person who wishes to dispose of a corpse must obtain the written consent of the City before he or she disposes of the corpse, and must comply with the requirements  of the City.

(2)    A person who wishes to obtain the consent as contemplated in subsection (1) must submit to the officer in charge an application in writing together with –

(a)    the proof of payment of the prescribed fee;

(b)    the death certificate of the corpse;

(c)     a burial order issued in terms of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992);

(d)    in the case of a funeral undertaker, the certificate of competence issued in terms of the regulations, proof of registration on the database of City Parks referred to in section 17(1), and in the case where the burial order has been issued by a funeral undertaker, proof of authorization in terms of section 4 of the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992;

(e)     an affidavit by the next of kin of the deceased, or where not practicable, other close relative, consenting to the disposal of the corpse when such corpse is to be buried in the manner requested;

(f)      in the instance where a person –

(i)     who at the time of his or her death was suffering from a communicable disease, this must be indicated in the application;

(ii)   who at the time of his or her death had a pacemaker, this must be indicated in the application.

(g)    details of cultural or religious practices that need to be adhered to.

(3)    The officer in charge may approve the application subject to the conditions set out in the approval, or refuse the application.

(4)    An application for interment must be submitted to the City not later than 15:00 on the day before the intended interment or, where the grave exceeds the standard size, not later than 15:00 two days before the intended interment.

(5)    Should any alteration be made in respect of the day or hour previously fixed for an interment, or interment be cancelled, in the instance where the City is responsible for the digging of a grave, notice of the alteration must be given to the officer in charge at the cemetery at least eight hours before the time fixed for the interment.

(6)    No refund will be made on monies paid in respect of the opening of an existing grave.

(7)    The City reserves the right to inspect the contents of a coffin before interment.

(8)    The City may refuse a person, including a funeral undertaker, permission to inter a corpse if relevant documentation required by the City has not been submitted to the City prior to the interment.

(9)    A person who inters a corpse without the written consent of the City commits an offence.

Interment times

4. (1)    Interments shall take place at times determined by the Director from   time to time.

(2)    A person contemplated in section 3(2) will be allocated an interment time by the officer in charge and interments that are not undertaken within the time allocated will result in such interment being postponed until such time as an alternative interment time is available without inconveniencing other interments taking place within the time allocated.

(3)    Despite the provisions of subsection (1), the officer in charge to whom an application is made may, if the case is one of emergency or the custom or conventions of a religious or cultural group, permit interment     outside the times contemplated in subsection (1) in which case an additional fee may be charged.

(4)    A person who inters a corpse at any time other than a time allocated in terms of subsection (2) or (3) commits an offence.

Coffin

5. (1)    A coffin must be used for any burial of a corpse except where religious beliefs prohibit its use.

(2)    Subject to the provisions of subsection (3), only one corpse may be  contained in a coffin, unless this is contrary to the tradition, customs or religious beliefs of the deceased person or the person mentioned in section 30.

(3)    A mother and child who died during childbirth may be contained in one coffin, if the consent of the officer in charge has been obtained and the prescribed fees have been paid.

(4)    If there is more than one body in a coffin, each body must be contained in a separate body bag.

(5)    A person who contravenes subsections (1), (2), (3) or (4) commits an offence.

Construction material of coffin

6. A coffin interred in a grave should insofar as this is possible be constructed of natural wood or other non-toxic, perishable material, and shall conform to any policy which may be published by the City from time to time in respect of the construction material of coffins.

Coffin to be covered

7. The person referred to in section 3(2), must ensure that a coffin, upon being placed in a grave, is covered with at least 300mm of earth prior to the conclusion of the ceremony.

Dimensions of grave apertures

8. (1)    All graves within the cemeteries of the City shall comply with the dimensions set out hereunder:  There shall be two grave aperture sizes with the following dimensions:

(a)               Large Grave:

Length: 2 250mm
Breadth: 750mm

(b)               Small Grave:

Length: 1 350mm
Breadth: 535mm

(2)         All graves shall be a minimum depth of 1 400mm.

(3)         Any person who requires an aperture for an interment in a grave of a size larger than the standard dimensions and depth specified in subsection (1) must, when submitting an application in terms of section 3, specify the measurements of the coffin and the depth, and pay such charges or fee as prescribed by the City from time to time.

(4)    Where one coffin has been buried on top of another coffin, there must be at least 300mm of soil between the coffins.

(5)    On completion of an interment, the person referred to in section 3(2) or persons who dug the grave must clear the surrounding areas including pathways and graves of all soil, debris and other matter or material exposed by the digging of the grave.

(6)    The person who arranged the interment must take all reasonable steps to ensure that no damage occurs to surrounding property during the interment or ceremony including any collapse of grave walls and take steps to prevent such collapse.

(7)    The City has the right to flatten any area on, or surrounding any grave including the grave mound three months after the burial has taken place.

Indigent persons

9. (1) A person making application for the burial of an indigent person, must make a declaration to that effect.

(2)         An indigent person may be interred according to the policy of the City applicable to indigent persons.

Register

10. (1)    The City must keep a record of all interments and such record must contain-

(a)    the particulars of the person who requested the interment;

(b)    the particulars of the deceased person whose corpse is to be interred, such as the name, address, and identification number;

(c)     the date of the interment and the number of the grave in which the corpse or ashes is interred or the location of the receptacle where the ashes have been placed.

Right of burial

11. (1)    No person shall acquire any right including a right of burial in any ground or grave in a cemetery owned by the City, other than such rights or interests as may be obtainable under this By-law.

(2)    The determination of the identity of the holder of existing rights to further burials in existing graves shall be determined with reference to the register of the City.

(3)    On application in terms of section 3 and on payment of the prescribed fee, a person may acquire the right of burial in a public grave.

(4)    On application in terms of section 3 and on payment of the prescribed fee, a person may acquire the exclusive right to multiple burials of an identified family member or members in the same grave provided that this right will lapse after a period not exceeding ten years or the burial of the family member or members identified as aforesaid in an alternative grave, whichever occurs sooner.

(5)    The right to multiple burials referred to in subsection 4 shall not be renewable and shall not be transferable to a third party.

(6)    The right to multiple burials referred to in subsection 4 is conditional on the suitability of the grave for additional burials as determined by the officer in charge.

CHAPTER 3

FUNERALS

Religious and other ceremonies

12. The members of a religious denomination may, without prior permission and during the interment and at the grave, conduct a religious ceremony in connection with an interment or memorial service, which ceremony may not last more than the time period determined by the Director.

Music inside cemetery

13. (1)    Music and singing shall be permitted in a cemetery with the prior consent of the City;

(2)    no unduly loud or disturbing music or singing and no  amplified sound shall be permitted in a cemetery.

Interment attended by more than fifty people

14. In any instance where it is probable that more than 50 people will be present at an interment, the person submitting an application in terms of section 3, must notify that fact to the officer in charge at least 24 hours before the funeral.

Hearse and other vehicles at cemetery

15. (1)    No hearse or other vehicle may enter a cemetery without the prior permission of the officer in charge.

(2) No hearse or other vehicle may use any route to enter or proceed within a cemetery, other than the routes set aside for that purpose.

(3)    No hearse or other vehicle may park in any place in a cemetery other than the section of a cemetery specifically allocated for parking.

Instruction of officer in charge

16. A person taking part in a funeral procession or ceremony in a cemetery must follow the instructions of the officer in charge.

CHAPTER 4

FUNERAL UNDERTAKERS

Funeral undertakers

17. (1)    All funeral undertakers that wish to operate as such within the jurisdiction of the City are required to register on a database with City Parks.

(2)    All funeral undertakers, when registering on the database referred to in sub-section (1), shall be required to sign a memorandum of understanding in which it is confirmed that the funeral undertaker is familiar with and will abide by this By-law, and all polices and fees structures in terms of this By-law.

(3)    All information supplied by a registered funeral undertaker in any application submitted in terms of this By-law shall be true and correct.

(4)    A funeral undertaker shall only transport a corpse in a roadworthy, closed vehicle, suitable for such purpose and which meets the requirements determined by the Environmental Health Officer.

(5)    In the event of any registered funeral undertaker who breaches any provision of this By-law, policy or fee structure in terms of this By-law, the Director may, after notice has been given cancel the registration of the funeral undertaker, and suspend the funeral undertaker from further burials in cemeteries within the jurisdiction of the City.

(6)    Any registered funeral undertaker that breaches subsection (3) and (4) commits an offence.

CHAPTER 5

THE ADMINISTRATION AND CONTROL OF CEMETERIES

Appointment of officer in charge

18 (1)    The Director must appoint an officer in charge for each cemetery to control and administer the cemetery.

(2)   The officer in charge must take into account the customs of the deceased person and the persons responsible for the interment and must accommodate these within the framework of this By-law.

Hours of admission for public

19. (1)    The Director shall determine and cause the hours during which a cemetery or part thereof is open to the public to be displayed on a notice board placed at each entrance to the cemetery.

(2)   No person, excluding duly authorised workers or officials from the City, with permission, may be in or remain in a cemetery or part thereof before or after the hours when it is closed to the public as displayed on a notice board as contemplated in subsection (1).

(3)   A person who breaches subsection (2) commits an offence.

Children

20. (1)    No child under 12 years of age may enter a cemetery unless he or she is under the care of a responsible adult person.

(2)    A person who allows a child to enter a cemetery in contravention of subsection (1) commits an offence.

Keeping to path

21. All persons are required to keep to the paths indicated in a cemetery, where such paths exist.

Prohibited conduct within any cemetery

22. (1)    No person may –

(a)               commit or cause a nuisance within any cemetery;

(b)               ride an animal, cycle, or skateboard or partake in any other form of recreational or sporting activity, with the exception of a wheelchair,  within any cemetery, unless otherwise determined by the Director;

(c)               with the exception of a blind person, bring into or allow an animal to wander inside any cemetery;

(d)               plant, cut, pick or remove a tree, plant, shrub or flower without the permission of the officer in charge;

(e)               hold or take part in a demonstration in any cemetery;

(f)                 interrupt or disrupt-

(i)           the performance of duties of an official or workman employed by the City; or

(ii)          a funeral undertaken in any cemetery;

(g)               obstruct, resist or oppose the officer in charge in the course of his or her duty or refuse to comply with an order or request which the officer in charge is entitled under this By-law to make;

(h)               mark, draw, scribble, paint, or place an object on a wall, building, fence, gate, memorial work or other erection within any cemetery other than for official purposes;

(i)                 use water for any form of gardening without the permission of the officer in charge;

(j)         leave any rubbish, soil, stone, debris, garbage or litter within any cemetery;

(k)        in any way damage, deface or desecrate any part of a cemetery or anything therein;

(l)         enter or leave a cemetery, except by an entrance or exit provided for these purposes;

(m)      solicit any business, order, exhibit, distribute or leave a tract, business card or advertisement within a cemetery, other than in an area designated for such purposes by the Director and with the prior permission of the officer in charge;

(n)        treat a grave or memorial work with disrespect, such as climbing or sitting on a grave or memorial work;

(o)       enter an office, building or fenced place in a cemetery except in connection with lawful business;

(p)       expose a corpse or a part thereof in a cemetery;

(r)        exceed the prescribed speed limit of 20 km per hour in a    cemetery;

(s)        use any cemetery as a thoroughfare;

(t)         allow or cause any animal to enter any cemetery with the exception of a officer in charge, living on site and who is keeping pets with the prior approval of the City;

(u)        bring any alcohol into or consume any alcohol in a cemetery or bring any firearms or other weapons including traditional weapons into a cemetery except in the case of a police or military funeral;

(v)                make or ignite any fire in a cemetery;

(w)              bring into a cemetery excavation equipment, saws or metal  detecting equipment, other than with the permission of the officer in charge;

(x)                hunt or harm any animals or birds; or

(y)                graze domestic animals in unused areas or amongst the graves.

(2)         An official of the City working in any cemetery may not agree with a member of the public for the purpose of undertaking work in the cemetery on behalf of such person, such as maintaining or digging a grave or any other related work.

(3)         The City may impound an animal found in any cemetery.

CHAPTER 6

PRIVATE CEMETERIES

Parts of By-law applicable

23. The provisions of sections, 5, 6, 8, 10 and Chapter 9 of this By-law shall apply mutatis mutandis to private cemeteries.

Duties of proprietors

24. (1)    The proprietor of a private cemetery for which the consent of the City has been obtained must —

(a)               comply with –

(i)           any special conditions which may be prescribed by the City in respect of private cemeteries from time to time; and

(ii)         the relevant provisions of this By-law and any other applicable law;

(b)               maintain the grounds, fences, gates, roads, paths and drains in good order and condition and clear of weeds and overgrowth;

(c)               allow an official of the City to enter or inspect the cemetery and all records kept in connection therewith;

(d)               appoint a suitably qualified person to manage the cemetery and to keep the records.

(2)         The owner of a private cemetery or private property may refuse permission to have a corpse interred in the cemetery on reasonable grounds.

CHAPTER 7

SECTIONS IN A CEMETERY

City may establish sections

25. (1)    The City may establish one or more of the following sections in its  cemeteries:

(a)               Monumental section;

(b)               Berm section;

(c)               Landscape section;

(d)               Heroes acre;

(e)               Garden of remembrance;

(f)                 Crematorium and Promatoriam section

(g)               Modular surface grave units section; or

(h)               Mausoleum section.

Monumental section

26. (1)    A monumental section is a grave section in a cemetery set aside for the erection of memorial work at graves.

(2)   The officer in charge may in the course of time level all graves and plant grass thereon.

(3)   Flowers, foliage, wreaths or any adornment may be placed upon the berm only of graves except in the case of graves which have not yet been levelled.

(4)   A person commits an offence if he or she contravenes subsection (3).

Berm section

27. (1)    A berm section is a grave section in a cemetery set aside by the City where memorial work is restricted to a headstone only, with lawn planted over the extent of the grave.

(2)       Headstones may contain two receptacles for flowers.

(3)        Headstones must be erected on the concrete plinth supplied by the City or on a suitable foundation to support the headstone, which shall be embedded horizontally at ground level in the position indicated by the officer in charge.

(4) No kerb or frame demarcating the grave or a slab covering is permitted.

(5)   The officer in charge may, in the course of time, level all graves and plant grass thereon.

(6)   Flowers, foliage, wreaths or any adornment may be placed upon the berm only of graves, except in the case of graves which have not yet been levelled.

(7)   A person commits an offence if he or she contravenes subsections (3), (4) or (6).

Landscape section

28. (1)    A landscape section is a grave section in a cemetery set aside by the City where memorial work is restricted to a horizontally placed plaque or memorial slab only, with lawn planted over the extent of the grave.

(2)    No object other than a plaque or memorial slab may be placed on the grave.

(3)    No kerb or frame demarcating the grave or a slab covering is permitted.

(4)    The officer in charge may in the course of time level all graves and plant grass thereon.

(5)   Flowers, foliage, wreaths or any adornment may be placed only upon or beside the plaque or memorial slab, except in the case of graves which have not yet been levelled.

(6)    A person commits an offence if he or she contravenes subsections (3) or  (5).

Garden of Remembrance

29. (1) A garden of remembrance is a section in a cemetery set aside for the erection of memorial walls, niche walls, the establishment of ash graves and the scattering of cremated remains.

(2)    Flowers and wreaths may be placed only on the places provided therefore.

(3)    Any person who contravenes subsection (2) commits an offence.

Crematorium and Promatoriam section

30. The City may set aside a section of a cemetery for the establishment of a crematorium and/or promatoriam.

Heroes acre

31. (1)    A heroes acre is a grave section in a cemetery set aside by the City for the interment and commemoration of a hero.

(2)            No person may be interred in this section unless the status of a hero has been conferred by the Council in writing.

(3)         A person who inters a corpse in contravention of subsection (2) commits an offence.

Mausolea section

32. (1)    A mausolea section may be established in a cemetery in which corpses are interred in mausolea.

(2)   The City may formulate policies in respect of mausolea, the interment of corpses in mausolea and the erection of memorial work in the mausolea section.

Surface Grave Units section

33. (1)    A surface grave unit section may be established in a cemetery in which corpses are interred in surface grave units.

(2)    The City may formulate policies in respect of modular surface grave units, the interment of corpses in surface grave units and the erection of memorial work in this section.

Denominational section

34. (1)    The City may set aside denominational sections in its cemeteries for the exclusive use of a specific faith, religious or cultural group where the burial requirements of such group dictates a physical arrangement of graves with reference to orientation, density and depth other than the norm.

(2)    The allocation of such sections may not be to the detriment of the burial requirements of the general residents of the City.

CHAPTER 8

ERECTION AND MAINTENANCE OF MEMORIAL WORK AND CARE OF GRAVES

Consent of City

35. (1)    No person may bring any memorial into a cemetery or erect, alter, paint, clean, renovate, decorate, remove or otherwise interfere with any memorial work or cut any inscription thereon in a cemetery without the written consent of the officer in charge and payment of the required fee.

(2)    Before erecting memorial work the following must be submitted to the officer in charge for approval at least 30 days prior to the proposed erection thereof:

(a)    plan which gives an indication of its measurements and its position;

(b)    specification of the material of which the memorial work is to be constructed; and

(c)     the wording of the epitaph.

(3)   The officer in charge may approve the application with or without conditions as he or she deems necessary, and may refuse the application if it does not comply with requirements in respect of memorial work as determined by the City.

(4)   No person may bring into the cemetery any material for the purpose of constructing therewith any memorial work on any grave unless –

(a)    the provisions of subsection (1) to (3) have been complied with; and

(b)    proof of payment in respect of work to be carried out has been submitted.

(5)   The consent for the proposed work is valid only for a period of six (6) months from the date on which it is approved, and in the event of the memorial work not being erected within the prescribed time a new application must be submitted.

(6)   A person who contravenes a provision of subsection (1) or (4) (a) commits an offence.

Requirements for erection of memorial work

36. (1)    A person erecting a memorial work must comply with the following:

(a)     he or she must be in possession of a plan approved in terms of section 35(2);

(b)     all work must be effected according to the conditions contemplated in section 35(3);

(c)     proceedings must be of such a nature that no damage be caused to any structure or offence given;

(d)     with the applicant’s permission, the name of the maker or manufacturer can be displayed on a memorial work, but no address or any other particulars may be added thereto, and the space utilized for it may not be larger than 40 x 100 mm; and

(e)     all unused material after the completion of the work must be removed and the adjoining areas must be left neat and clean; and

(f)     any damage caused must be repaired at the cost of the person responsible for such damage and should the responsible person fail to affect such repair, after due notice, the City will undertake the remedial work at the cost of the person who erected the memorial work.

(2)    A person who does not comply with a provision in subsection (1) commits an offence.

Position, movement and removal of memorial work

37. (1)    No person may erect a memorial work on a grave before the position in which such memorial work is to be placed has been indicated in terms of the approved plan referred to in section 35(2).

(2)   Should the condition referred to in subsection (1) not be complied with, the City may alter the position of the memorial work and recover the costs of the alteration from the person who erected the memorial work.

(3)   In the instance where a memorial work has originally been placed in a certain position with the express consent of the City, any alteration of the position in terms of the provisions of this section is executed at the expense of the City.

Work and maintenance in respect of memorial work

38. (1)    Any person engaged in any work, shall affect such work under the supervision of the officer in charge.

(2)   Should the person who erected a memorial work allow such memorial  work to fall into such a state of disrepair that it may cause danger or deface the cemetery, the City may serve a notice of compliance, as contemplated in section 59, on such person.

(3)   The City may, after due notice, at any time change or alter the position of a memorial work in a cemetery and recover the cost thereof from the owner of the memorial work.

(4)   A memorial work placed, built, altered, decorated, painted or otherwise dealt with in a cemetery in such manner that any provisions of this By-law are contravened thereby, may be removed by the City at the cost of the person responsible, after due notice, without payment of any compensation.

Damaging of memorial work

39. The City is not responsible for any damage which may at any time occur  to a memorial work, and which is not due to the negligence of the officials of the City.

Vehicle and tools

40. (1)    Every person engaged with work upon a grave or plot must ensure that the vehicles, tools or appliances comply with the provisions of this By-law and any other law, and do not block and roads or paths..

(2)   No person may convey any materials stone, brick or memorial work or a portion thereof within a cemetery upon a vehicle or truck which may cause damage to the paths or grounds or structures of the cemetery.

(3)   Any person who contravenes the provisions of subsections (1) or (2) commits an offence.

Complying with directives of the City

41. (1)    A person carrying out work within a cemetery must in all respects comply with the directives of the officer in charge.

(2)   A person who contravenes subsection (1) commits an offence.

Times for bringing in material and doing work

42. (1)    No person may bring memorial work or material in connection therewith, or do any work other than the dismantling of memorial work for interment purposes within a cemetery except during the times determined by the Director.

(2)   No person may engage in work which may disturb or intrude upon a funeral for the duration of the funeral.

Unstable or saturated soil conditions

43. (1)    No person may fix or place any memorial work while the soil is in an unsuitable condition.

(2)            A person who contravenes subsection (1) commits an offence.

Production of written consent

44. (1)    A person charged with a work or on his or her way to or from work within the cemetery must, upon demand from the City or its official, produce the written consent issued to him or her in terms of section 35(1).

(2)   The failure to produce the written consent referred to in subsection (1) constitutes an offence.

Care of grave

45. (1)    The maintenance of a grave is the responsibility of the person contemplated in section 3(2).

(2) The City may undertake to keep any grave in order for any period, in terms of a policy which may be developed in respect of the care of graves.

(3)   The City may undertake to maintain any grave for any period at its own expense.

CHAPTER 9

EXHUMATION AND REDUCTION BURIAL

Application for exhumation

46. (1) An application for exhumation must be submitted to the Director, and must include the following:

(a)    the completed application form;

(b)    a copy of the death certificate;

(c)     a letter or an affidavit from the next of kin of the deceased consenting to the exhumation;

(d)    payment of the prescribed fee.

Conditions of exhumation

47. (1) No person may exhume or cause to be exhumed a corpse or human remains without the written consent of the-

(a)      the Director; and

(b)    the Provincial Department of Health in accordance with the Exhumations Ordinance, 1980 (Ordinance  No. 12 of 1980).

(2) The written consent referred to in subsection (1) must be submitted to the environmental health practitioner at least five working days prior to the approved exhumation date.

(3) The environmental health practitioner may impose conditions with respect to exhumation as referred to in subsection (1) and an exhumation may only proceed when such conditions have been complied with.

(4) No exhumation or re-interment may proceed without the presence of a competent and experienced environmental health practitioner employed by the City and a registered funeral undertaker.

(5) The remains of a deceased person must be reburied or cremated within 48 hours, unless the environmental health practitioner determines that circumstances or conditions prevent reburial or cremation within the 48 hour period.

(6) The remains of the deceased person must, pending reburial or cremation be kept at a registered funeral undertakers premises.

(7) Exhumations shall be carried out in accordance with the City’s policy on exhumation and re-interment of human remains.

(8) A Commonwealth war grave may only be exhumed in accordance with the provisions of section 3 of the Commonwealth War Graves Act, 1992 (Act No. 8 of 1992).

(9) The person carrying out the exhumation must provide a suitable receptacle for each body or remains.

Emergency Exhumations

48. (1)    No body may be exhumed less than eighteen months after burial, other than in compliance with a Court Order.

(2)    An emergency exhumation shall comply with the provisions of sections 46 and 47.

(3)    A member of the South African Police Services must be present during emergency exhumations.

Wrongful burial

49. The City may if a body has been buried in contravention of this By-law, subject to the provisions of section 46, cause the body to be exhumed and reburied in another grave,  in which event the relatives of the deceased must be notified of the intended exhumation and reburial and allowed to attend. 

Reduction Burial

50. The City may exhume the remains of a corpse for the purposes of the reduction of the corpse and rebury the remains of that corpse in the same grave, in a smaller coffin, at a greater depth, subject to the conditions that-

(a)   any holders of private rights in that grave, determined in terms of subsections 11(3) and (4) have given their consent;

(b)                  in respect of any grave where no private rights have been acquired, where the next of kin, or other closest surviving relative of the corpse has given consent.

CHAPTER 10

USE AND CLOSURE OF DISUSED CEMETERIES

Use and closure of disused cemeteries

51. (1)    Despite any provision of this By-law, and subject to the provisions of subsection (6), the City may use any cemetery or portion thereof, of which it is the cemetery authority, which has been disused for a period of not less than 20 years for such purpose as will not desecrate the ground and any human remains or any memorials in such cemetery.

(2)    Despite any provision of this By-law, and subject to the provisions of subsection (6), the City may close any cemetery or portion thereof, of which it is the cemetery authority, which has been disused for a period of not less than 20 years, or if good cause for such closure exists.

(3)    Despite any provision of this By-law, and subject to the provisions of subsection (6), the City may use as a cemetery any cemetery or any portion thereof, which has been used for another purpose in terms of subsection (1), or reopen any cemetery or portion thereof, which has been closed in terms of subsection (2).

(4)    The City may, subject to the provisions of subsection (6), remove to another cemetery the human remains, memorials and other structures from a cemetery of which it is the cemetery authority, which has been closed or disused for a period of not less than 20 years and which has been approved for other usage by the competent authority or authorities as the case may be.

(5)    All rights possessed or enjoyed by any person in respect of a cemetery contemplated in subsections (1) and (2) shall thereupon cease.

(6)    Before acting in terms of subsections (1), (2), (3) and (4) the City must give notice of its intention to do so in terms of its public participation policy.

CHAPTER 11

CREMATIONS

Applications for Cremation

52. (1)    Applications for cremation must be made upon terms, at times and places and upon payment of fees as determined by the City.

(2)         A person may only cremate or cause to be cremated any body within any crematorium after –

(a)               complying with applicable legislation;

(b)               obtaining the approval of the City; and

(c)               complying with all the conditions as determined by the City.

Cremations

53. (1)    The applicant or his or her representative must, where applications have been made for cremation, provide bearers for the purpose of carrying the coffin into the crematorium.

(2)      Where a member of the public desires to be present at a cremation, a request for such member to be present must be made to the City, which will consider the request as it deems fit.

(3)      Any corpse which contains a cardiac pacemaker or radio-active implant of any kind or any other material which may result in an explosion or harmful emissions when incinerated may not be cremated unless it is removed.

(4)      A crematorium shall be fitted with equipment in order to prevent the dispersion of ash into the atmosphere.

Coffins for cremation

54. (1)    When cremated a corpse must be contained in a coffin.

(2)    A coffin in which a corpse is cremated shall be made of natural wood, or other non-toxic material.

(3)    No toxic varnish, paint or glue shall be utilized in the manufacturing of a coffin in which a corpse is cremated.

(4)    Before a cremation is permitted to take place, the applicant or his or her representative shall be obliged to produce a certificate certifying that the coffin complies with subsections (2) and (3) above.

(5)    No corpse may be removed from any coffin for the purpose of incineration and a coffin may not be opened in the crematorium except when directed by the officer in charge

General Requirements for memorials and memorial work

55. (1)    The City may provide –

(a)         buildings, niches or other facilities for the deposit and preservation of ashes for definite periods or in perpetuity  upon terms and conditions as may be determined by the City;

(b)         facilities for memorial tablets of approved material, upon terms and conditions as may be determined by the City ; and

(c)         gardens for the scattering or burial of ashes, which gardens may be known as “Gardens of Remembrance”.

(2)    All inscriptions on niches, memorial tablets or on books of remembrance must comply with general standards of decency and proprietary and must not be of such a nature so as to offend the feelings of the public.

(3)    A person may only –

(a)    open a niche containing ashes; or

(b)    remove an urn or casket containing ashes from a niche with the permission of the City, which will not be unreasonably withheld.

(4)    If ashes are buried in a grave in a container, such container must be constructed of perishable material.

(5)    Only urns or caskets containing ashes may be deposited in a niche.

(6) The City or its officials will not be liable to members of the public for any damage to or theft from niches, urns, memorials or any other embellishments thereon within a crematorium under its control or its grounds.

Disposal of Ashes

56. (1)    Ashes must be disposed of as requested by the applicant or his or                           her representative for cremation.

(3)         The applicant or his or her representative must, at the time of application for cremation, give directions as to the disposal of ashes.

(4)         Despite the above, the officer in charge has the right to dispose of the ashes in accordance with any applicable legislation.

CHAPTER 12

MISCELLANEOUS

Authentication and service of order, notice or other document

57. (1)    An order, notice or other document in terms of this By-law requiring authentication must be signed by, or on the instruction of a duly authorised official of the City.

(2)    Any notice or other document that is served on a person in terms of this By-law, is regarded as having been served –

(a)               when it has been delivered to that person personally;

(b)               when it has been left at that person’s place of residence or business in the Republic of South Africa with a person apparently over the age of sixteen years;

(c)               when it has been posted by registered or certified mail to that person’s last known residential or business address in the Republic and an acknowledgement of the posting thereof from the postal service is obtained;

(d)               if that person’s address in the Republic is unknown, when it has been served on that person’s agent or representative in the Republic in the manner provided by paragraphs (a), or (b) or (c);

(e)               if that person’s address and agent or representative in the Republic is unknown, when it has been affixed in a conspicuous place on the property or premises, if any, to which it relates; or

(f)                 in the event of a body corporate, when it has been delivered at the registered office or the business premises of such body corporate.

(3)    Service of a copy shall be deemed to be service of the original.

(4)    Any legal process is effectively and sufficiently served on the City when it is delivered to the City Manager or a duly authorised person.

Complaint

58. A person wishing to lodge a complaint with the City in terms of the provision of this By-law must do so in writing at the City Manager’s office.

Notice of compliance and representations

59. (1)    A notice of compliance must state –

(a)               the name, residential and postal address of the person;

(b)               the nature of the state of disrepair;

(c)               in sufficient detail to enable compliance with the notice, the measures required to remedy the memorial work;

(d)               that the person must, within a specified time period, take the measures to comply with the notice, to diligently continue with the measures, and to complete the measures before a specific date;

(e)               that failure to comply with the requirements of the notice within the period contemplated in paragraph (d) is an offence;

(f)                 that written representations, as contemplated in subsection (3) may, within the time period stipulated under paragraph (d), be made to the City at a specified place.

(2)           The City, when considering any measure or time period envisaged in subsections (1)(d) and (e), must have regard to –

(a)            the principles and objectives of this By-law;

(b)            the state of disrepair;

(c)            any measures proposed by the person on whom measures are to be imposed; and

(d)            any other relevant factors.

(3)      A person may within the time period contemplated in paragraph (1) (f) make representations, in the form of a sworn statement or affirmation to the City at the place specified in the notice.

(4)      Representations not lodged within the time period will not be considered, except where the person has shown good cause and the City condones the late lodging of the representations.

(5)      The City must consider the representations and any response thereto by an official or any other person         .

(6)      The City may, on its own volition, conduct any further investigations to verify the facts if necessary, and the results of the investigation must be made available to the person, who must be given an opportunity of making a further response if he or she so wishes, and the City must also consider the further response.

(7)      The City must, after consideration of the representations and responses,     make an order in writing and serve a copy of it on the person.

(8)      The order must –

(a)               set out the findings of the City;

(b)               confirm, alter or set aside in whole or in part, the notice of compliance; and

(c)               specify a period within which the person must comply with the order made by the City.

(9)      If the notice of compliance is confirmed, in whole or in part, or is altered but not set aside, the City will inform the person that he or she must discharge the obligations set out in the notice within the time specified therein.

(10)   Where there has been no compliance with the requirements of the notice within the time specified therein, the City may take such steps as it deems necessary to repair the monumental work and the cost thereof must be paid to the City by such person.

Costs

60. Should a person fail to take the measures required of him or her by notice, the City may recover from such person all costs incurred as a result of it acting in terms of section 59 (10).

Appeal

61. A person whose rights are affected by a decision delegated by the City may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems, 2000 (Act No. 32 of 2000) to the City Manager within 21 days of the date of the notification of the decision.

Charges

62. The prescribed fees to be paid to the City in terms of this By-law must be  determined in terms of the City of Cape Town: Tariff By-law.

Offences and Penalties

63. (1)    A person who contravenes the provisions of section [FINALISE THIS ONCE WE FINALISE THE BY-LAW] commits an offence.

(2)    A person who has committed an offence in terms of this By-law will be, on conviction, liable to a fine not exceeding R50 000.00 (Fifty Thousand Rand) or in default of payment, to imprisonment for a period not exceeding six (6) months, or to such imprisonment without the option of a fine, or to both such fine and such imprisonment. 

Limitation of liability

64. The City is not liable for any damage or loss caused by –

(a)       its officials in exercising any power or performing any function or duty in good faith under this By-law;

(b)       its officials in failing to, exercise any power, or perform any function or duty in good faith under this By-law; or

(c)        the exercise by a person of a right which he or she has obtained from the City.

Exemptions

65. (1)    Any person may by means of a written application, in which the reasons are given in full, apply to the City for exemption from any provision of this By-law.

(2)    The City may –

(a)               grant an exemption in writing and the conditions in terms of which, if any, and the period for which such exemption is granted must be stipulated therein;

(b)               alter or cancel any exemption or condition in an exemption; or

(c)               refuse to grant an exemption.

(3)    An exemption does not take effect before the applicant has undertaken in writing to comply with all conditions imposed by the City under subsection (2). If an activity is commenced with before such undertaking has been submitted to the City, the exemption granted shall be of no force and effect.

(4)    If any condition of an exemption is not complied with, the exemption lapses immediately.

(5) The failure to comply with a condition of an exemption in terms of subsection (2) constitutes an offence.

Liaison forums in community

66. (1)    The City may establish one or more liaison forums in a community for the purposes of –

(a)               creating conditions for and encouraging, a local community to participate in the affairs of the City relating to the matters regulated in this By-law; and

(b)               promoting the achievement of a healthy environment, insofar as they may relate to matters regulated in this By-law.

(2)    A liaison forum may consist of –

(a)               a member or members of an interest group, or affected persons;

(b)               a member or members of a community in whose immediate area a cemetery exists;

(c)               a designated official or officials of the City; and

(d)               the responsible councillor in such community .

(3)    The City may, when considering an application for consent, or exemption in terms of this By-law request the input of a liaison forum.

(4)    A liaison forum or any person or persons contemplated in subsection (2) may, on their own initiative, submit an input to the City for consideration.

Repeal of By-laws

67. The provisions of any By-laws previously promulgated by the City or by any of the disestablished Municipalities now incorporated in the City are hereby repealed as far as they relate to matters provided for herein.

Short title and commencement

68. This By-law is called the City of Cape Town: Cemeteries and Funeral Undertakers By-law.

The Year was 1882

June 12, 2009
Cetshwayo, son of Mpande - Source: Cape Archives, E3248

Cetshwayo, son of Mpande - Source: Cape Archives, E3248

What were our ancestors doing in 1882?

Who was making the headlines and What did they talk about around the supper table?

Here is a look at some of the people, places and events that made the news in 1882.

Huguenot Memorial School

The Huguenot Memorial School (Gedenkschool der Hugenoten) was opened on the 1st February 1882 on the farm Kleinbosch in Daljosafat, near Paarl. It was a private Christian school and the first school with Afrikaans as teaching medium.

The school was under the auspices of the Genootskap van Regte Afrikaners. Past pupils included the writers Andries Gerhardus VISSER, Daniël François MALHERBE and Jakob Daniël DU TOIT (Totius). The first classes were given in a small room but soon an old wine cellar was converted into a two-storey building which housed two classrooms downstairs and the boarding school upstairs. The first Afrikaans newspaper, Die Patriot, as well as the first Afrikaans magazine, Ons Klyntji, came from this school.

The Coat of Arms of "Die Genootskap van Regte Afrikaners"

The Coat of Arms of "Die Genootskap van Regte Afrikaners"

The school was closed down in 1910 as by then Afrikaans was taught in government schools. In 2001 renovation work was started after a fundraising campaign brought in more than R1-million. Most of the money came from readers of the Afrikaans newspapers, Die Burger and the Volksblad. Naspers, the Stigting vir Afrikaans and KWV also made important contributions. The renovated building was opened in March 2002. It has an Afrikaans training centre upstairs and guest rooms downstairs.

The main people behind the renovation project were writer Dr. Willem Abraham DE KLERK (1917 – 1996) and Fanie THERON (chairman of the Simon van der Stel Foundation and the Huguenot Society, deceased 1989). Others who were also very involved included Sr. C.F. ALBERTYN (Naspers director), Van der Spuy UYS and Dr. Eduard BEUKKMAN. In 1985 they launched the Hugenote Gedenkskool Board of Trustees and with a R10 000 donation from the Helpmekaarfonds, a servitude on the building and land was bought. De Klerk’s wife, Finnie, and Theron’s wife, Anna, were at the official opening as their husbands did not live to see their dream come to fruition.

Dutch as official language

After the second British occupation of the Cape in 1806, English became the only official language. In 1856 J.A. KRUGER, the M.L.A. for Albert, asked for permission to address Parliament in Dutch. His requested was denied, and this started a campaign to get Dutch recognised as an official language in Parliament. On the 30th March 1882, Jan Hendrik HOFMEYR (1845 – 1909), also known as Onze Jan, appealed for the use of Dutch as an official language in Parliament alongside English. He was supported by Saul SOLOMON, a Jewish newspaper publisher and printer in Cape Town. On the 9th June the campaign finally got a positive result when an amendement was made to the Constitution allowing the use of Dutch in Parliament.

Official status was granted on the 1st May and the Act was later passed. On the 13th June, Jan Roeland Georg LUTTIG, the Beaufort-West M.L.A., was the first to officially deliver a speech in Dutch. There is no official record of the speech in Dutch, but the English version was published in the 14th June 1882 Cape Argus newspaper. The other version is in the Cape Parliament Hansard.

It was a short speech – “Meneer die Speaker, ons is baie dankbaar dat die opsionele gebruik van die Hollandse taal in albei huise van die parlement toegelaat is. Wanneer ek sê dankbaar, dink ek praat ek namens diegene wat die twee huise met hul petisies vir dié doel genader het. Ek put vreugde daaruit dat my Engelssprekende vriende die voorstel nie teengestaan het nie, my komplimente gaan aan hulle.

Ek hoop om die raad in die toekoms ook in Engels, in my ou Boere styl, toe te spreek. Sodoende kan dié Engelse vriende wat nie Hollands verstaan nie, die geleentheid hê om te verstaan wat ek probeer oordra. Ek vertrou ook dat alle nasionale verskille in die toekoms sal verdwyn en dat mense van alle nasionaliteite en standpunte hand aan hand sal beweeg om die welvaart en vooruitgang van die kolonie te bevorder”. According to the Hansard, the Speaker pointed out that the Act had not yet been proclaimed, so members could not yet make speeches in Dutch, but that the House would accommodate him this time.

On the 15th June, Cape school regulations were amended to allow the use of Dutch alongside English.

On the 26th and 27th June, the town of Burgersdorp celebrated the use of Dutch. The celebrations were organised by Jotham JOUBERT (M.L.A. and later a Cape Rebel ) who also proposed a monument to mark the occassion. A country-wide fundraising campaign was launched. The monument was built by S.R. OGDEN of Aliwal-North for £430. It consisted of a sandstone pedestal on which stood a life-size marble statue of a woman. She points her finger at a tablet held in her other hand on which the main inscription reads “De Overwinning de Hollandsche Taal “. The monument was unveiled on the 18th January 1893 by D.P. VAN DEN HEEVER, with Stephanus Jacobus DU TOIT (1847 – 1911) delivering the main speech.

During the Anglo-Boer war, the monument was vandalised by British soldiers who took parts of it to King William’s Town where they buried it. After the war, Lord Alfred MILNER had the rest of the statue removed from Burgersdorp. After much protesting, the British eventually provided Burgersdorp with a replica in 1907. This one was unveiled at ceremonies on the 24th and 25th May 1907 when former President M.T. STYEN and the author D.F. MALHERBE addressed the crowd. The original monument was found in 1939 and returned to Burgersdorp. In 1957 the damaged original monument was placed next to the replica.

In 1883 knowledge of Dutch was compulsory for some government positions. In 1884, it was permitted in the High Courts and in 1887 it became a compulsory subject for civil service candidates. Afrikaans only gained equal status with Dutch and English as an official language in South Africa via Act 8 of 1925. Dutch remained an official language until the 1961 Constitution stipulated the two official languages in South Africa to be Afrikaans and English.

Goosen and Stellaland republics

In 1882 a group of Boers established the short-lived republics of Stellaland and Het Land Goosen (aka Goshen ) to the north of Griqualand West, in contravention of the Pretoria and London conventions by which the Zuid Afrikaansche Republiek had regained its independence.

On the 1st April the republic of Het Land Goosen was declared. The terms of the Pretoria Convention of August 1881 had cut away part of the Transvaal. This led to problems as local Chiefs disputed the boundaries. Britain did not help matters by acknowledging Mankoroane as Chief of the Batlapin and Montsioa as Chief of the Barolong, both beyond their traditional territories. Supporters of Moshete, under the leadership of Nicolaas Claudius GEY VAN PITTIUS (1837 – 1893), established Het Land Goosen. One of the co-founders was Hermanus Richard (Manie) LEMMER, who later became a General in the Anglo-Boer War. Het Land Goosen later merged with the Stellaland republic to form the United States of Stellaland.

Stellaland was also a short-lived republic established in 1882 by David MASSOUW and about 400 followers, who invaded a Bechuana area west of the Transvaal. They founded the town of Vryburg, making it their capital. The republic was formally created on the 26th July 1882, under the leadership of Gerrit Jacobus VAN NIEKERK (1849 – 1896). In 1885 the British sent in troops under Sir Charles WARREN, abolished the republic, and incorporated it in British Bechuanaland.

Shipping accidents

Shipping accidents (wrecks, groundings, etc…) were common along the South African coast. In 1882 there were quite a few:

January – James Gaddarn, a barque, off Durban

February – Johanna, a barque, off East London

March – Poonah, off Blaauwberg

March – Queen of Ceylon, a barque, off Durban

April – Gleam, a barque, off Port Nolloth

April – Roxburg, off East London

April – Seafield, a barque, off East London

May – Francesca, a barque, off East London

May – Louisa Dorothea, a schooner, ran aground at Mossel Bay

May – Clansman, a schooner, off East London

May 28 – two ships, the Agnes (Capt. NEEDHAM) and the Christin a (Capt. G. LOVE), run ashore at Plettenberg Bay

June – Bridgetown, a barque, off Durban

June – Louisa Schiller, a barque, off Cape Hangklip

June – Ludwig, a schooner, off Algoa Bay

June – Gloria Deo, a barque, off Quoin Point

July – Elvira, a barque, off Durban

July – Erwood, off Durban

December – Adonis, a steamer, off Portst Johns

December – Zambezi, a schooner, off Durban

Smallpox

A smallpox epidemic broke out in District Six in 1882. This led to the closure of inner city cemeteries, and the construction of drains and wash-houses in the city. These improvements didn’t go as planned. The cemetery closures led to riots in 1886. The cemeteries along Somerset Road were not in a good condition, so Maitland cemetery was built. As the Muslim community carried their dead for burial, Maitland was too far for them, and along with the Dutch, they protested against Maitland for two years. Once the inner city cemeteries closed, the Dutch compromised but the Muslim community did not. They buried a child in the Tanu Baru (first Muslim cemetery) in protest. About 3 000 Muslims followed the funeral procession, as police watched. After someone threw stones at the police, a riot started and volunteer regiments were called out. One of the Muslim leaders, Abdol BURNS, a cab driver, was arrested. In the end, neither the Dutch nor the Muslims used Maitland. They found a piece of ground next tost Peter’s cemetery in Mowbray and used it as their cemetery.

The smallpox threat was felt further afield. It was believed that smallpox could be beaten by whitewashing the walls of homes, and for this reason lime and carbolic acid was distributed free to residents in Beaufort West. At Modder River, about 35 km from Kimberley, the settlement was used as a quarantine station to keep smallpox away from Kimberley. Travellers enroute to Kimberley had to produce a valid vaccination certificate or be vaccinated at the station.

Zulu King in London

Cetshwayo reigned as King of the Zulus from 1873 to 1884. He made an alliance with the British in order to keep his long standing enemies, the Boers, away. The alliance collapsed when the British annexed the Transvaal and supported Boer land claims in the border dispute with Zululand. This led to the 1879 Anglo-Zulu War where the British suffered defeat at the Battle of Isandlwana and Zulus at the Battle of Ulundi. Cetshwayo was captured and taken to the Cape. In 1882 he travelled to London where he met Queen Victoria on the 14th August. On his return he was reinstated as King in a much reduced territory and with less autonomy. He died on the 8th February 1884.

Sporting moments

Ottomans Cricket Club was founded in the Bo-Kaap in 1882. The Rovers Rugby Club was founded in Cradock on the 6th September 1882. The first rugby match in Mossel Bay was played on Saturday, 2nd September 1882. Mossel Bay Athletic Club played against George Athletic Club. The first bowling green was laid out in 1882 when a club was established atst George’s Park in Port Elizabeth. In 1882 the Jockey Club was founded by 10 horse-racing members at a meeting held in the Phoenix Hotel in Port Elizabeth. The first South African soccer club was Pietermaritzburg County. On the 17th June 1882, its delegates met at the London Restaurant in Durban ‘s West Street and the Natal Football Association was founded.

Transit of Venus

The transit of Venus was observed from stations in Durban, Touws River, Wellington, Aberdeen Road (a railway stop) and at Cape Town ‘s Royal Observatory.

Banking

District Bank was established in Stellenbosch in 1882. It paid between 5 to 6% on fixed deposits and 2% on current accounts, compared to the Standard Bank which paid an average of 3.5% on fixed deposits and no interest on current accounts. The District Bank did not charge cheque fees or ledger fees. It was later taken over by Boland Bank. The Natal Building Society (NBS) was also established in 1882, in Durban.

New brewery

The Old Cannon Brewery in Newlands was established in 1852. In 1882 it merged with Ohlsson’s Cape Breweries.

Steel industry

South Africa ‘s industrial development has heavy roots in its mining industry. With virtually no steel industry of its own, the country relied on imported steel. The first efforts to introduce steel production dates back to the creation of the South African Coal and Iron Company in 1882. The first successful production of pig iron occurred only in 1901, in Pietermaritzburg.

Mariannhill Monastery

The monastery near Pinetown was founded as a Trappist monastery by Father Francis PFANNER in 1882. It became a renowned missionary institute with schools, a hospital, an art centre and a retreat.

Boswell’s Circus

The BOSWELL family has been involved in the circus business since the 1800s in England. James BOSWELL was born in 1826 and went on to perform in various English circuses as a clown, horseman and equilibrist. He died in the circus ring of Cirque Napoleon in Paris in 1859 while performing a balancing ladder act. He had three 3 children, all of whom performed in circuses. His eldest son, James Clements, opened his own circus, Boswell’s Circus, in 1882 in Yorkshire.

Boswell’s Circus toured England and was very popular until it closed in 1898. James Clements and his five sons – Jim, Alfred, Walter, Sydney and Claude – continued performing in theatres and music halls, and eventually put their own show together called Boswell’s Stage Circus. Madame FILLIS, who owned Fillis’ Circus in South Africa, saw one of their performances and signed them up for a six-month contract. In 1911 James Clements, his sons, Walter and Jim’s wives, six ponies, a donkey and some dogs set sail for South Africa. The family and their animals were stranded when Fillis’ Circus closed down some months later. Fortunately for generations of South African children, this did not stop them and they went on to build a successful business that is still in existence.

Pretoria

A public sale on Church Square, Pretoria, in the 1890's

A public sale on Church Square, Pretoria, in the 1890's

Church Square was created in 1855, on the orders of M.W. PRETORIUS. The DEVEREAUX brothers, town planners, designed a square for market and church purposes. Pretoria expanded around Church Square. During its early days the square was also used as a sports field and in 1883 the long-jumper Izak PRINSLOO set the first world record by a South African. The first church on the square was completed in 1857, but burnt down in 1882. Burgers Park was established as Pretoria ‘s first park in 1882. On the 14th June 1882, the Transvaalsche Artillerie Corps was formed under the command of Cmdt. H.J.P. PRETORIUS.

Stephanus Johannes Paulus KRUGER, later President of the Zuid-Afrikaanse Republiek, was born on the 10th October 1825. He was so respected by his people that the first Kruger Day was celebrated on the 10th October 1882. The following year it was declared a public holiday. After the Anglo-Boer war it lost official status, until it was again declared a public holiday in 1952. In 1994 the day again lost its official status.

Kimberley

On the 2nd September Kimberley became the first town in the southern hemisphere to install electric street lighting. It was an initiative of the Cape Electric Light Company. Electric lighting was also installed in Parliament in 1882, and an arc-lighting installation was commissioned in the harbour. Meanwhile, across the Atlantic, Christmas 1882 saw the world’s first electrically-lit Christmas tree installed in the New York house of Thomas EDISON’s associate Edward H. JOHNSON.

The Kimberley Club was founded in August 1881 and opened its doors on the 14th August 1882. Cecil John RHODES was one of the men behind the club’s establishment. Amongst the first members were Charles D. RUDD, Dr. Leander Starr JAMESON, Lionel PHILLIPS and J.B. ROBINSON.

Knysna

The farm Melkhoutkraal was laid out in 1770. In 1808 George REX, who arrived at the Cape in 1797, bought the farm. In 1825 Lord Charles SOMERSET decided to establish a town on the lagoon, to make use of the surrounding forests for ship building. George REX donated 16 ha of land for the new village, named Melville for Viscount MELVILLE, First Sea Lord from 1812 – 1827. Knysna was formally founded in 1882 when the two villages, Melville and Newhaven (founded in 1846) amalgamated.

Muizenberg

In 1882 the railway line reached Muizenberg. The area was originally a cattle outpost for the VOC before it became a military post in 1743. It was named Muijs se Berg after the commander Sergeant Willem MUIJS. Muizenberg was a staging post between Cape Town and Simon’s Town. After the railway line was extended, the area developed fast and became a popular holiday destination.

One of Muizenberg’s prominent residents was Professor James GILL. He was born in Cornwall in 1831 and came to the Cape in 1860, where he took the post of professor of Classics at Graaff-Reinet College. In 1871 he moved to Cape Town as Classics professor at the Diocesan College. He was an opininated man who did good things throughout his career but was also involved in many controversies. He was dismissed from the College in 1882. He opened a private school in Muizenberg and became the editor of the Cape Illustrated Magazine. He died in Muizenberg on the 1st February 1904.

Villiers

The town of Villiers, on the Vaal River, was established in 1882 on the farms Pearson Valley and Grootdraai. It was named after the owner, L.B. DE VILLIERS. In 1882 the Volksraad was requested to open a post office there, and this led to Villiers being proclaimed in 1891. In 1917 it acquired municipal status.

Newcastle

The first government school in Newcastle was established in 1882 as a junior primary school with 47 boys and 30 girls.

Okiep

The Cornish Pump House was built in 1882. It was used to pump water from the mine and this pump house is the only remaining one of its kind in the Southern Hemisphere.

East London

A view of East London in the 1880's

A view of East London in the 1880's

The prison in Lock Street was built in 1880, replacing the old one on the West Bank. It was built by James TYRRELL and comprised an officers’ quarters, administration block, hospital, kitchen and two single-storey cell blocks to hold 100 prisoners. The first execution happened in 1882, for which a drop gallows was placed in the hospital yard. St.Andrew’s Lutheran Church was established by German settlers in 1872. It is the second oldest church in East London and was dedicated on the 30th November 1882.

Grahamstown

City Hall was officially opened on the 24th May 1882 by the acting Mayor Samuel CAWOOD. The foundation stone was laid on the 28th August 1877 by Sir Henry Bartle FRERE, Governor of the Cape.

Durban

Durban Girls’ High School was established in 1882. The old theatre Royale was built in 1882 and had seating for 1 000. It was closed in 1937. The Natal Herbarium was started in 1882 by John Medley WOOD, then Curator of the Durban Botanical Gardens. It was initially known as the Colonial Herbarium but changed its name in 1910 when it was donated by the Durban Botanical Society to the Union of South Africa.

Port Elizabeth

South End Cemetery in Port Elizabeth was started. The country’s oldest art school, Port Elizabeth Art School, was founded in 1882. It later became the College for Advanced Technical Education, originally situated in Russell Road, Central. In 1974 it moved to Summerstrand and became the PE Technikon in 1979.

Kaapsehoop

In 1882 gold was discovered in the Kaapsehoop valley. When a larger deposit of gold was found near the present day Barberton, most of the prospectors moved there. The first payable gold was mined at Pioneer Reef by Auguste ROBERTE (aka French Bob) in June 1883. Barber’s Reef was the next big find in 1884. Sheba ‘s Reef, the richest of all, was discovered by Edwin BRAY in May 1885.

Port Shepstone

Port Shepstone came into being when marble was discovered near the Umzimkulu River mouth in 1867. It flourished from 1879 when William BAZLEY, one of the world’s first underwater demolition experts, blasted away rock at the mouth to form the Umzimkulu breakwater. The town was named after a Mr SHEPSTONE, one of the area’s prominent residents. Before 1901 the area depended solely on a port that was developed inside the river’s mouth. Boats were often wrecked and blocked the harbour entrance, but it provided a vital transport link for the tea, coffee and sugar cane grown by farmers along the river’s banks.

Supplies were brought in on the return voyages from Durban. With the arrval in 1882 of 246 Norwegian, 175 Briton and 112 German settlers, this shipping service became more important. The Norwegians arrived on the 29th August aboard the CHMS Lapland. The new settlers were offered 100 acre lots around the town at 7 shillings and 6 pence an acre. Port Shepstone was declared a full fiscal port in 1893 and, after Durban, became the region’s second harbour. Eventually, with the ongoing ship wreckages and the arrival of the railway, the harbour was closed down.

Harding

In 1882 the first hotel was opened in Harding. The village then consisted of three trading stores and four private homes.

Dundee

Dundee was established on the farm Fort Jones belonging to Peter SMITH, who had bought it from a Voortrekker settler, Mr DEKKER. He named the town Dundee, in memory of his original home in Scotland. By 1879, as a result of the Anglo-Zulu War, a tent town had sprung up on a portion of the farm. British soldiers attracted traders, missionaries, craftsmen and hunters but after their departure the tent town ceased to exist. With his son, William Craighead; son-in-law Dugald MACPHAIL; and Charles WILSON, Peter proclaimed the town in 1882.

Dewetsdorp

The Anglican Church was inaugurated on the 17th December 1882 by the Anglican Bishop of Bloemfontein. It was named St. Bartholomew’s. Before this, Anglicans held services in the town hall. The church’s foundation stone was laid on the 18th August. It cost £395 to build and seated 60. Rev. L.A. KIRBY was the first minister. The first baptism was on the 7th January 1883, that of Arthur SKEA. The church was declared a national monument in 1996.

Fort Hare

Fort Hare was built in 1847. It was named after Lt.-Col. John HARE and remained a military post until 1882, when part was given to Lovedale and part to the town of Alice.

Kuruman

The London Missionary Society (LMS) established the Moffat Institute in Kuruman in 1882, as a memorial to Robert and Mary MOFFATT and in the hope that it would revive the mission station.

Upington

Upington’s history starts with Klaas Lukas., a Koranna chief, who asked for missionaries to teach his people to read and write. In 1871 Rev. Christiaan SCHRODER left Namaqualand for Olyvenhoudtsdrift as the Upington area was then known. He built the first church, which today houses the Kalahari-Oranje Museum. In 1879 Sir Thomas UPINGTON visited the area to establish a police post, which was later named after him.

In 1881 SCHRODER, Abraham SEPTEMBER and Japie LUTZ helped build an irrigation canal. Abraham (Holbors) SEPTEMBER, said to be a Baster and the son of a slave from West Africa, was farming in the area in 1860. He was married to Elizabeth GOOIMAN. He devised a way to draw water from the river for irrigation purposes. In 1882 he was granted land facing the river. In 1896 Abraham and Elizabeth drew up a will, bequeathing the land to the survivor and thereafter to their three sons. Abraham died in 1898. In 1909 Elizabeth appeared before the Court in Upington on a charge that squatters where living on the land. It was here that she heard that Willem DORINGS, a smous, was claiming the land as his. This claim was to have repercussions, even in 2000 when the great-great-grandchildren of Abraham were still fighting for the land in the Land Claims Court.

Elizabeth and her sons owed Willem £326, but Willem produced documents that they sold him the land for that sum. The family were under the impression that they had a debt agreement with Willem. They refused to leave the farm and Elizabeth died there in 1918. In 1920 the family were removed from the farm by the new owners who had bought it from Willem. According to Henk WILLEMSE, Abraham’s great-great-grandson, the family started action in 1921 to get their land back. He has documents dating back all these years, which also show that Willem DORINGS was William THORN. Part of their land claim was for the land on which the Prisons Department building stands in Upington’s main road. This belonged to Abraham’s eldest daughter, Elizabeth, who lost it when service fees were not paid. In 1997 Nelson MANDELA unveiled a memorial plaque to Abraham.

The Waterfront

A view of East London in the 1880's

A view of East London in the 1880's

The Victorian Gothic-style Clock Tower, situated near the site of the original Bertie’s Landing restaurant in Cape Town, has always been a feature of the old harbour. It was the original Port Captain’s office and was completed in 1882. On the second floor is a decorative mirror room, which enabled the Port Captain to have a view of all activities in the harbour. On the ground floor is a tide-gauge mechanism used to check the level of the tide. Restoration of the Clock Tower was completed in 1997. The Robinson Graving Dock was also constructed in 1882, as was the Pump House. The Breakwater Convict Station was declared a military prison in 1882. This allowed military offenders from ships and shore stations to be committed for hard labour.

Sources:

Drakenstein Heemkring

Afrikanerbakens; Federasie van Afrikaanse Kultuurvereniginge publication

Burgersdorp: http://www.burgersdorp.za.net/burgersdorp_photos.html

Maritime Casualties: http://www.geocities.com/Heartland/Ridge/2216/text/MARITIME.TXT

The Will of Abraham and Elizabeth September: The Struggle for Land in Gordonia, 1898-1995; by Martin Legassick; Journal of African History, Vol. 37, No. 3 (1996)

Land Claim Case: http://www.law.wits.ac.za/lcc/wp-content/uploads/jacobs2/jacobs2.pdf

Rapport newspaper, 23 Jan 2000

Boswell’s Circus: http://www.boswell.co.za/

Article researched and written by Anne Lehmkuhl, June 2007

State Funerals

May 31, 2009

At a State funeral in South Africa the State assumes responsibility for the ceremonial arrangements and provides appropriate military honours. Such a funeral constitutes the final act of homage by the State and the nation to South Africans who have held high public office or rendered distinguished service. The Cabinet decides whether a State funeral should be offered. It is guided by precedent and by such considerations as the public office which the deceased held, the nature of the services rendered to the nation and the public esteem which the deceased enjoyed.

State funerals were accorded to Sir Patrick Duncan and Dr. E. G. Jansen, both of whom died while serving as Governor-General. Other recipients of this honour were General Louis Botha, the first Prime Minister of the Union, and General C. R. de Wet, as well as Advocate J. G. Strijdom and Dr. H. F. Verwoerd, both of whom died in office as Prime Minister; Dr. D. F. Malan, a former Prime Minister; Dr. T. E. Donges, State President Elect and former Cabinet Minister; Mrs. Rachel Isabella Steyn, widow of the last President of the Orange Free State, and Cabinet Ministers such as Mr. J. H. Viljoen, Dr. A. J. Stals and Mr. M. C. G. J. (Basie) van Rensburg, who died in office. General J. B. M. Hertzog’s family declined the offer of a State funeral. The family of Field Marshal J. C. Smuts also declined an offer of a State funeral and preferred a military funeral.

If the offer of a State funeral is accepted by the family, the funeral service is usually held in a church of the denomination to which the deceased belonged. A historic change was introduced on the death of Prime Minister Strijdom when the Cabinet decided that the service should be held in the amphitheatre of the Union Buildings in Pretoria. This precedent was followed a few years later at the time of Dr. Verwoerd’s death. The officiating clergymen are selected in consultation with the deceased’s family, whose wishes are also sought on such matters as the order of service and choice of hymns. Clergymen are drawn from both language groups. The military honours, which are an integral part of State funerals, are determined by military protocol, by the deceased’s military associations and the public office which the deceased held. Flags are flown at half-mast from Government buildings on the day of the State funeral.

South African diplomatic and consular missions abroad also fly their flags half-mast on that day.

Unlike several other countries, South Africa has no national church, cemetery or pantheon for the burial of its leaders and famous citizens. Dr. Jansen and Prime Ministers Strijdom and Verwoerd were buried in the Heroes’ Acre at the Old Cemetery in Church Street West , Pretoria , which has acquired some of the attributes of a national cemetery. General Louis Botha was buried in the New Cemetery in Pretoria West. General Hertzog was buried on his farm Waterval, near Witbank. Field Marshal Smuts was cremated and his ashes scattered from a hilltop on his farm near Irene. Dr. Malan and Dr. Donges were buried in the cemetery at Stellenbosch.

For the Afrikaners, the National Women’s Monument at Bloemfontein is also a national burial-place.

Muslim Funerals

May 31, 2009

An elaborate ritual takes place when a Cape Malay dies. A dying Moslem is never left alone; there is always someone present praying for him. The words `There is no God but Allah and Mohammed is his Prophet’ are said over and over again by the imam, and the dying man repeats them. When he has died there is an ablution ceremony called abdas, followed by the ghusl, when water is poured three times down the right side and three times down the left side. The body is then wrapped up and set upon the katil, so placed that it points toward Mecca. The iman reads portions of the Koran, and offers prayers for peace and blessing on the deceased. Then the corpse is placed on a bier and carried shoulder high by bearers through the streets to the cemetery, followed by friends and relatives. Only men take part in the procession. The body is laid to rest in the grave on its right side, facing in the direction of Mecca. For several nights after the burial the mourners visit the house of the deceased and recite various prayers. They are usually given something to eat before they depart.

Boers

May 31, 2009

Boeren Beschermings Vereeniging

(Farmers’ Protection Society)

In 1878 a section of the Afrikaans-speaking farmers of the Cape resolved to form an organisation for the purpose of ‘watching over the interests of the farmers of this Colony, and protecting the same’. It arose, in the first place, from opposition to an excise duty imposed on liquor by the Cape parliament in 1878. Later aims of the association were: ‘to endeavour to have all those with an interest in farming registered as parliamentary voters, and to watch against the abuse of the franchise’. J. H. Hofmeyr (‘Onze Jan’) was its leader and its first representative in the Legislative Assembly. On 24 May 1883 the organisation merged with the Afrikaner Bond under a new name: Afrikanerbond en Boeren Beschermings Vereeniging.

Boer Generals in Europe

During the Second Anglo-Boer War 30,000 farm houses were destroyed, and in addition 21 villages (Ermelo, Bethal, Carolina, Amsterdam, Amersfoort, Piet Retief, Paulpietersburg, Dullstroom, Roossenekal, Bloemhof, Schweizer-Reneke, Harte beestfontein, Geysdorp and Wolmaransstad in the Transvaal; Vredefort, Villiers, Parys, Lindley, Bothaville, Ventersburg and Vrede – the last mentioned partly – in the Orange Free State). In extensive areas not a single animal was to be seen. In the Free State , for instance, only 700,000 out of approximately 8,000,000 sheep remained and one tenth of the cattle. The speedy reconstruction of the former Republics was a pressing necessity. In terms of Article 10 of the Treaty of Vereeniging £3,000,000 was granted for this purpose and in addition loans at 3% (without interest for two years). This amount was considered to be totally inadequate by the representatives of the Boer people at Vereeniging, and a head committee (M. T. Steyn, Schalk Burger, Louis Botha, C. R. de Wet, J. H. de la Rey and the Revs. A. P. Kriel and J. D. Kestell) was elected on 31 May to collect further funds. Generals Botha, De Wet and De la Rey were sent to Europe for this purpose. After cordial receptions in Cape Town, Paarl and Stellenbosch they left for England on 5 Aug. 1902. Huge crowds welcomed them in London, and they were presented to King Edward VII. On the Continent they were likewise enthusiastically cheered by thousands of people. (The Hague 20 Aug., Amsterdam11 Sept., Antwerp 19 Sept., Rotterdam 22 Sept., Groningen 27 Sept., Middelburg 30 Sept., Brussels 10 Oct., Paris 13 Oct., Berlin 17 Oct.). In a letter to Joseph Chamberlain dated 23 Aug. they requested an interview to discuss, inter alia, the following matters: full amnesty for rebels; annual grants for widows and orphans; compensation for losses caused by British troops; payment of the war debts of the Republics. At the interview on 5 Sept. Chamberlain stated that if he should accede to these requests a new agreement with the Republics would have to be drawn up and that could not be done. Thereupon the Generals published on as Sept. ‘An Appeal to the Civilised World’ in which they asked for further assistance to alleviate the dire distress. The result was most disappointing. Up to Jan. 1903 the ‘Appeal’ brought in only £116,810. This was possibly due to the unwillingness of the nations to continue assisting the Boers, who were now British subjects, and to the fact that Chamberlain had announced in Parliament on 5 Nov. that the Government would grant further loans if necessary. De Wet returned to South Africa on 1 November, Botha and De la Rey on 13 December.

Boer Prisoners of War – Camps

Generals De Wet, De la Rey and Botha, Germany, 1902

Generals De Wet, De la Rey and Botha, Germany, 1902

The approximately 27,000 Boer prisoners and exiles in the Second Anglo-Boer War (1899-1902) were distributed far and wide throughout the world. They can be divided into three categories: prisoners of war, ‘undesirables’ and internees. Prisoners of war consisted exclusively of burghers captured while under arms. ‘Undesirables’ were men and women of the Cape Colony who sympathised with the Orange Free State and Transvaal Republics at war with Britain and who were therefore considered undesirable by the British. The internees were burghers and their families who had withdrawn across the frontier to Lourenço Marques at Komatipoort before the advancing British forces and had finally arrived in Portugal, where they were interned.

Prisoners of war were detained in South Africa in camps in Cape Town (Green Point) and at Simonstown (Bellevue), and some in prisons in the Cape Colony and Natal; in the Bermudas on Darrell’s, Tucker’s, Morgan’s, Burtt’s and Hawkins’ Islands; on St. Helena in the Broadbottom and Deadwood camps, and the recalcitrants in Fort Knoll; in India at Umballa, Amritsar, Sialkot, Bellary, Trichinopoly, Shahjahanpur, Ahmednagar, Kaity-Nilgris, Kakool and Bhim-Tal; and on Ceylon in Camp Diyatalawa and a few smaller camps at Ragama, Hambatota, Urugasmanhandiya and Mt. Lavinia (the hospital camp). The internees were kept in Portugal at Caldas da Rainha, Peniche and Alcobaqa. The ‘undesirables’, most of them from the Cape districts of Cradock, Middelburg, Graaf Reinet, Somerset East, Bedford and Aberdeen, were exiled to Port Alfred on the coast near Grahamstown.

In the Bermudas, on St. Helena and in South Africa quarters consisted chiefly of tents and shanties patched together from tin plate, corrugated iron sheeting, and sacking, and in India and Ceylon mostly of large sheds of corrugated iron sheeting, bamboo and reeds. The exiles, whose ages varied between y and 82 years, occupied themselves in various fields, such as church activities, cultural and educational works, sports, trade, and even printing, and nearly all of them to a greater or lesser extent took part in the making of curios.

The exiles in Ceylon and on St. Helena were the most active in printing. Using an old Eagle hand press purchased from the Ceylonese, the prisoners of war in Ceylon printed the newspaper De Strever, organ of the Christelijke Streversvereniging (Christian Endeavour Society), which appeared from Saturday, 19 Dec. 1901, to Saturday, 16 July 1902. Other newspapers, which they published, mostly printed by roneo, were De Prikkeldraad, De Krygsgevangene, Diyatalawa Dum-Dum and Diyatalawa Camp Lyre. Newspapers issued on St. Helena were De Krygsgevangene (The Captive) and Kampkruimels.

The range of the trade conducted among the prisoners of war is evident from the numerous advertisements in their newspapers. There were cafes, bakeries, confectioners, tailors, bootmakers, photographers, stamp dealers, general dealers and dealers in curios. An advertisement by R. A. T. van der Merwe, later a member of the Union Parliament, reads in translation:

Roelof v.d. Merwe, Shop No. 12, takes orders for men’s clothing. Has stocks of all requirements.

Another, by C. T. van Schalkwyk, later a Commandant and M.E.C., may be roughly translated as follows:

Here in Kerneels van Schalkwyk’s cafe a Boer
Be he rich or be he poor
For money so little its spending not felt
Can have his tummy press tight on his belt.

In religious matters the exiles in overseas camps devoted their efforts in the first place to the establishment of churches. In most of the camps building material was practically unprocurable, with the result that most of the church buildings were patched together out of corrugated iron sheets, pieces of tin, sacks, reeds and bamboo. Pulpits were constructed from planks, pieces of timber, etc. There were a number of clergymen and students of theology among the prisoners; with them in the forefront and with the help of others who had gone to the camps for this purpose, congregations were founded and church councils were elected. From these developed Christian Endeavour Societies, choirs, Sunday-school classes for the many youngsters between 9 and 16 years of age, and finally catechism classes for older youths. Many a young man was accepted as a member of the Church and confirmed while in exile. Attention was also given to mission work, and funds were collected by means of concerts, sports gatherings, etc. Many of the prisoners died in exile, and the burial services as well as the care of the graves and cemeteries were attended to by their own churches.

In the cemetery of Diyatalawa 131 lie buried, and on St. Helena 146; in the Bermudas and in India a considerable number also lie buried. Through the years the Diyatalawa cemetery has been maintained in good order by the Ceylonese. Boer prisoners of war in the Bermudas were buried on Long Island. The graves themselves are neglected and overgrown with vegetation, but the obelisk erected in the cemetery on the insistence of the returning prisoners after the conclusion of peace is still in fairly good condition. It is a simple sandstone needle on a pedestal of Bermuda stone. The names of those buried in the cemetery and those who had died at sea on the voyage to Bermuda are engraved on all four sides of the pedestal.

Boer Prisoners of War with their handword

Boer Prisoners of War with their handwork

Cultural activities covered a number of fields. At first debating societies were formed, and from these there developed bands, choirs and dramatic groups; theatrical, choral and other musical performances were given, festive occasions such as Christmas, New Year, Dingaan’s Day (now the Day of the Covenant and the birthdays of Presidents Kruger and Steyn and of Queen Wilhelmina of the Netherlands were celebrated. Judging by the numerous neatly printed programmes, many of the concerts and other performances were of quite a high standard. Celebrating Dingaan’s Day at Ahmednager (India on 16 Dec. 1901 the prisoners reaffirmed the Covenant. Beautifully art-lettered in an illuminated address, the text reads in translation as follows: ‘We confess before the Lord our sin in that we have either so sorely neglected or have failed to observe Dingaan’s Day in accordance with the vow taken by our forefathers, and we this day solemnly promise Him that with His help we with our households will henceforth observe this 16th Day of December always as a Sabbath Day in His honour, and that if He spare our lives and give us and our nation the desired deliverance we shall serve Him to the end of our days …’ This oath was taken by the exiles after a month of preparation and a week of humiliation in Hut No. 7.

Education received special attention and schools were established; bearded burghers and commandants shared the school benches with young boys and youths. The subjects studied were mainly bookkeeping, arithmetic, mathematics and languages, and fellow-exiles served as instructors. It was in these schools that the foundation was laid for many a distinguished career in South Africa, such as those of a later Administrator of the Orange Free State (Comdt. C. T. M. Wilcocks), a number of clergymen, physicians and others who, after returning to their fatherland, attained great prestige and became leading figures in the Church and social and political fields. Literary works were also produced in this atmosphere of religion and culture, such as the well known poem ‘The Searchlight’, by Joubert Reitz:

When the searchlight from the gunboat
Throws its rays upon my tent
Then I think of home and comrades
And the happy days I spent
In the country where I come from
And where all I love are yet.
Then I think of things and places
And of scenes I’ll ne’er forget,
Then a face comes up before me
Which will haunt me to the last
And I think of things that have been And of happy days that’s past;
And only then I realise
How much my freedom meant
When the searchlight from the gunboat Casts its rays upon my tent.

Sports gatherings were frequently arranged and provided days of great enjoyment, when young and old competed on the sports field, while cricket, football, tennis, gymnastics and boxing matches filled many an afternoon or evening. Neatly printed programmes for the gatherings and the more important competitions were usually issued.

boer3

Various daring attempts at escape were made, but few were successful. Five exiles – Lourens Steytler, George Steytler, Willie Steyn, Piet Botha and a German named Hausner – who succeeded in swimming out to a Russian ship in the port of Colombo (Ceylon), travelled by a devious route through Russia, Germany, the Netherlands and again Germany, and finally landed at Walvis Bay. One captive on St. Helena attempted to escape by hiding in a large case marked ‘Curios’ and addressed to a fictitious dealer in London. But he was discovered shortly after the ship left port and was returned to St. Helena from Ascension Island. Of those in the Bermudas two succeeded in reaching Europe aboard ships visiting Bermudan ports, while J. L. de Villiers escaped from Trichinopoly disguised as a coolie and made his way to the French possession of Pondicherry, from which he finally reached South Africa again by a roundabout route through Aden, France and the Netherlands. Among the exiles held in Ceylon two brothers named Van Zyl and a German did not return to South Africa, but went to Java, where they developed a flourishing farm enterprise with Friesland cattle. Among those held in the Bermudas a number went to the United States of America, where in some of the states such well-known Boer names as Viljoen and Vercueil are still found.

Repatriation of Boer Prisoners of War

As early as 1901 Lord Milner realised what a stupendous task the resettlement of close on 200,000 Whites involved, among whom were about 50,000 impecunious foreigners, as well as 1000.000 Bantu who, as a result of the Anglo-Boer War, had become torn from their usual way of life and had either been herded together in prisoner-of-war and concentration camps or scattered all over the Orange Free State and the Transvaal as refugees and combatants. These people had to be restored to their shattered homes and their work in order to become self-supporting. Milner wished Britons employed by the Transvaal mines and industries to be repatriated first. This began after the annexation of the Transvaal in 1900. By Feb. 1901 as many as 12,000 had already been repatriated, and by the beginning of 1902 nearly all of them had returned to the Witwatersrand.

To aid the resettlement of former Republican subjects, special Land Boards were set up early in 1902 in both the new colonies. They were also expected to help settle immigrant British farmers. From April 1902 the repatriation sections of the Land Boards were converted into independent departments in order to prepare for the repatriation of the Afrikaner population. The post-war development of the repatriation programme was adumbrated in sections I, II and X of the peace treaty of Vereeniging. In terms of sections I and II all burghers (both ‘Bitter-enders’ and prisoners of war) were required to acknowledge beforehand the British king as their lawful sovereign. Section X read that in each district local repatriation boards would be set up to assist in providing relief and in effecting resettlement. For that the British government would provide £3m as a ‘bounty’ and loans, free of interest for two years, and after that redeemable over three years at 3 %. The wording ‘vrije gift’, as the bounty was termed, gave rise to serious misunderstanding, and the accompanying provision, that proof of war losses could be submitted to the central judicial commission, created the erroneous impression that this bounty was intended to compensate the burghers for these losses. The eventual British interpretation, that the bounty was intended as a contribution toward repatriation, created a great deal of bitterness. Eventually it turned out that there was no question of a bounty, since repatriates were held personally responsible for all costs, the £3m being part of the loan of £35m provided by the British treasury for the new colonies.

After the conclusion of peace two central repatriation boards, one in Pretoria and the other in Bloemfontein, began to function, and 38 local boards were set up in the Transvaal and 23 in the Orange River Colony. The repatriation departments were reformed into huge organisations, each employing more than 1,000 men. The real work of repatriation came under three heads, viz. getting farmers back to their farms with the least delay; supplying them with adequate rations until they could harvest their crops; and providing them with seed, stock and implements to cultivate their lands.

The general discharge of prisoners of war in South Africa began in June 1902. Many overseas prisoners of war, especially those in India, were sceptical about the peace conditions and refused to take the oath of allegiance to the British Crown. In spite of the efforts of Gen. De la Rey and Comdt. I. W. Ferreira to induce them to return, about 500 of the 900 ‘irreconcilables’ were not to be persuaded until Jan 1904.

In July 1904 the last 4 Transvaalers were discharged from India, but in May 1907 two Free Staters were still there. There were 100 men per district to every shipload, and on their arrival they were first sent to camps at Umbilo and Simonstown, where they were given food and clothing. Those who were self-supporting were allowed to go home. Through judicious selection – land-owning families first and ‘bywoners’ (share-croppers) next – repatriation was made bearable. By the middle of June 1902 almost all the ‘bitter-enders’ had laid down their arms and were allowed to return to their homes, provided they could fend for themselves. In other cases they were allowed, like the prisoners of war, to take up temporary accommodation with their families in concentration camps until they were sent home by the repatriation departments with a month’s supply of free rations, bedding, tents and kitchen utensils.

By Sept. 1902 only the impoverished group was left in the camps. In due course relief works, such as the construction of railway lines and irrigation works, were started to employ them. However, a considerable number of pre-war share-croppers became chronic Poor Whites. Spoilt by their idle mode of existence during the war, many Bantu refused to leave the refugee camps, but when their food rations were stopped they soon returned to the firms to alleviate the labour shortage.

The road to repatriation was strewn with stumbling blocks. Nearly 300,000 ruined people had to be brought back to their shattered homes. Supplies had to be conveyed over thousands of miles of impassable roads and neglected railways, already heavily burdened by the demobilisation of the British army and the transport of supplies to the Rand. Weeks of wrangling preceded the purchase from the military authorities, at exorbitant prices, of inferior foodstuffs and useless animals, many of which died. The organisation was ineffective, and the authority and ditties of the central and local repatriation boards were too vaguely defined, leading to unnecessary duplication. Moreover, the burghers mistrusted the repatriation. By the end of 1902 most of the ‘old’ population had, however, been restored. Unfortunately the long drought which dragged on from 1902 until the end of 1903 made it necessary for many of the repatriation depots to be kept going until 1904, in order to keep the starving supplied on credit. From 1904 conditions gradually began to return to normal, and in 1905 repatriation was complete. A great deal of the £ 14m spent on it had gone into administrative expenses.

Sharp criticism was levelled against the repatriation policy, especially against the incompetence and lack of sympathy among the officials, and financial mismanagement. The composition of the repatriation boards was also suspect. On the other hand, agricultural credit came in with repatriation and prepared the way for the present system of Land Bank loans and co-operative credit. Milner himself considered the repatriation a success, although he conceded that a considerable sum of money had been squandered. Yet it was not the utter failure it has often been represented to have been. Milner deserves praise for his genuine attempt to resettle an impoverished and uprooted agricultural population and to reconstruct an entire economy. The accomplishment of the entire project without serious friction can largely be attributed to the self-restraint and love of order of the erstwhile Republican burghers.

Historical Graves in South Africa

May 31, 2009

In the early days of the settlement at the Cape people of note were buried inside church buildings. Provision for a place of worship was at once made inside the Castle. Consequently the Rev. Joan van Arckel was laid to rest at that particular spot in the unfinished Castle in Jan. 1666. Only a fortnight earlier he himself had officiated at the laying of one of the four foundation stones of the new defence structure. A few months later the wife of Commander Zacharias Wagenaer was buried in the same ground; likewise Commander Pieter Hackius, who died on 30th November 1671. By 1678 the little wooden church inside the Castle proved too small, and when a new site was selected provision was made for a cemetery immediately outside the church, but the custom of burials inside the building continued. The whole piece of ground where the Groote Kerk and its adjacent office building now stand was enclosed by a strong wall. People were buried on this site before the completion of the church building. The first to be buried there was the Rev. Petrus Hulsenaar, who died on 15th December 1677 and was laid to rest where the church was to be built. The bodies of those who were buried in the wooden church inside the Castle were reinterred here in a common grave. After that a fee equivalent to about R12 was charged for a grave inside the church, as against R1.00 for a burial-place in the churchyard.

The church building was completed in 1703, and the first governor buried inside its walls was Louis van Assenburgh, who died on Sunday, 27th December 1711. The following year ex-Governor Simon van der Stel died on 24th June and was buried inside the church; a memorial was put up behind the pulpit. He was followed by several notable persons, all buried inside the building: Governor Maurits Pasques de Chavonnes, whose death occurred on 8th September 1724; Governor Pieter Gijsbert Noodt (died 23rd April 1729); the wife of Governor Jan de la Fontaine (June 1730), Governor Adriaan van Kervel (19th September 1737) and Governor elect Pieter, Baron van Reede, who died at sea on the way out and was buried in the church on 16th April 1773. The last of the Governors to be buried in the Groote Kerk was Ryk Tulbagh. Although his death occurred on 11th August 1771, the burial was postponed 17th August to enable country folk to attend the funeral of the `Father' of the people. Some memorial tablets and escutcheons can still be seen at the Groote Kerk, but most disappeared during rebuilding operations, including that of Simon van der Stel. The escutcheon- of Baron Pieter van Reede is still to be seen on the outside wall of the enlarged building near the original steeple. Another conspicuous tablet, but of a much later date, is that of Chief Justice Sir John Truter and Lady Truter, who died in 1845 and 1849 respectively and were buried in the churchyard a few years after the reconstruction. It is believed that the first Jan Hendrik Hofineyr in South Africa, who was superintendent of De Schuur and died in 1805, lies buried in the little cemetery still preserved at Groote Schuur, but it is impossible to identify his grave.

Notable Huguenot personalities are buried in Huguenot cemeteries at French Hoek, La Motte and Dal Josafat. A historic Jewish cemetery has been preserved in Woodstock, while many notable figures lie buried in the cemeteries at Mowbray and Woltemade. The Cape Malay community at all times took a pride in the graves of their leaders who died at the Cape. Apart from the kramat at Faure where Sheik Yusuf lies buried, there are kramats on the slopes of Signal Hill, being tombs of Khordi Abdusalem, Tuan Said (Syed), Tuan Guru and Tuan Nurman. New structures were erected here in 1969.

Comdt. Tjaart van der Walt, 'the Lion-Heart', was buried in 1802 where he fell in battle against the Xhosa tribes in the hills at Cambria, a few km from the Gamtoos valley. Dr. John Philip of the London Missionary Society, who died in 1851, is buried near Hankey railway station in the Gamtoos valley, and with him his son William Enowy, who drowned on the day when his father's water scheme was officially opened. Frederik Cornelis Bezuidenhout, whose death in 1815 was the prelude to the Slachter's Nek Rebellion, lies buried on his farm on the upper reaches of the Baviaans River, near the Bedford-Tarka road. A significant number of British settlers and sons of the 1810 Settlers were killed in battle in the Frontier Wars. At least one had the place he was buried named after him – Bailie's Grave near Keiskammahoek in the Ciskei; Charles Bailie, son of Lt. John Bailie, the founder of East London, was killed here in the Sixth Frontier War. Settler cemeteries in various parts of the Eastern Province contain the graves of many leading pioneers.

At Keiskammahoek is Gaika's grave, proclaimed a national monument. He was the founder of the Gaika tribe and died in 1829. The grave of his son and successor, Sandile, killed in the Ninth Frontier War in 1878 and buried at Stutterheim, has been provided with a bronze inscription by the Historical Monuments Commission. In Durban, the cemetery of the Old Fort has been proclaimed a national monument along with the fort itself; also the grave of Lt. King on the B1uff (James Saunders King was one of the original settlers at Port Natal). The site was also proclaimed where a few Voortrekkers fell fighting against the British at Congella station.

In Zululand is Piet Retief's grave where he was buried, next to the other victims of the massacre, in 1839 in the present Babanango district by the Commando that avenged his death. Near by, on the battlefield of Italeni, European graves have been found recently by Dr. H. C. de Wet and farmers of the neighbourhood. Two graves, some distance away from the others, may possibly be those of Comdt. Piet Uys and his son Dirkie. The graves have as yet not been opened nor identified with any degree of certainty. In the immediate vicinity of Dingaan's Kraal, where Retief lies buried, the Historical Monuments Commission's bronze plaques protect several Zulu graves: Senzangakona, founder of the Zulu nation and father of Shaka, Dingaan, Mpande and Mageba – all in the district of Babanango. When Dinuzulu died near Middelburg (Tvl.) in 1913 his last wish was granted – to be buried with his fathers. His grave, like that of Senzangakona, has an inscription in the Zulu language only. The memorial to Shaka near Stanger has been proclaimed a national monument; also Mpande's kraal and grave in the Mahlabatini district. Cetewayo's kraal, also in Mahlabatini, has the Commission's plaque. Comdt. Hans de Lange's grave at Besters station near Ladysmith has been preserved.

In the Orange Free State the grave of Moroka, chief of the Seleka branch of the Barolong tribe near Thaba Nchu, has been provided with a bronze plaque. Of the Republican presidents three lie buried in Free State soil: J. P. Hoffman at Smithfield, J. H. Brand in the Old Cemetery at Bloemfontein, and M. T. Steyn at the foot of the National Women's Monument. President J. N. Boshof's grave is in the Old Cemetery at Pietermaritzburg, that of M. W. Pretorius in Potchefstroom, and F. W. Reitz at Woltemade in Cape Town. Gen. C. R. de Wet and the Rev. J. D. Kestell rest at the foot of the National Women's Monument, where the ashes of Emily Hobhouse are also preserved. Sarel Cilliers is buried at Doornkloof near Lindley.

Much of the early history of Kimberley can be read from tombstones in three old cemeteries: the Pioneers' cemetery; Du Toitspan cemetery, where the victims of the concentration camp (1901- 02) were laid to rest; and the Gladstone cemetery which contains the graves of Lt.-Col. N. Scott-Turner of the Black Watch, of George Labram, maker of `Long Cecil', and of those who fell during the siege of Kimberley at Fourteen Streams, Dronfield and Carter's Ridge.

Interest in Pretoria centres largely round the Heroes' Acre in the Old Cemetery in Church Street West where Paul Kruger was buried, and Andries Pretorius as well as President T. F. Burgers were reinterred in 1891 and 1895 respectively. The children of A. H. Potgieter refused the reinterment of their father and so he still rests where he died, at Schoemansdal in the Zoutpansberg. Of the Prime Ministers of the Union of South Africa, two lie in the Heroes' Acre, namely J. G. Strijdom and Dr. H. F. Verwoerd, while Gen. Louis Botha was buried in the same cemetery, but before a corner of it had come to be designated Heroes' Acre. Gen. J. B. M. Hertzog is buried on his farm Waterval in the Witbank district. Gen. J. C. Smuts was cremated and his ashes scattered on a koppie on his farm near Irene. Dr. Malan was laid to rest in the cemetery outside Stellenbosch, as well as the President elect, Dr. T. E. Donges. Dr. E. G. Jansen, Governor-General, was buried in the Heroes' Acre.

Of the Prime Ministers of the Cape Colony, Dr. L. S. Jameson died in-London, W: P. Schreiner in Wales, and T. C. Scanlan in Salisbury, while Cecil John Rhodes rests at World's View in the Matopos. The first Prime Minister, Sir John Molteno, lies in Claremont cemetery, Sir Thomas Upington at Maitland, Sir Gordon Sprigg at Mowbray; and John X. Merriman, though he died at Stellenbosch, was laid to rest in Maitland cemetery. J. H. Hofmeyr (`Onze Jan'), by whose grace the Prime Ministers ruled, is buried at Somerset West. Of the Prime Ministers of Natal, Sir Henry Binns, who died at Pietermaritzburg, was buried in the military cemetery, Durban. Natal's first Prime Minister, Sir John Robinson, lies in the Church of England cemetery in Durban; Sir Frederick Moor at Estcourt, Sir George Sutton at Howick, and C. J. Smythe at Nottingham Road. Sir Albert Hime died abroad. The only Prime Minister of the Orange River Colony (1907-10), Abraham Fischer, died in Cape Town and was buried at Maitland.

Of the Boer generals among the older generation, Piet Joubert was buried on his farm Rustfontein in Wakkerstroom, in accordance with his own request; Schalk Burger on his farm Goedgedacht in Lydenburg, Piet Cronje on his farm Mahemsvlei in Klerksdorp, and J. H. de la Rey in the Western Transvaal town Lichtenburg. Of the famous South African literary figures, Olive Schreiner, initially buried at Maitland, was reinterred on the summit of Buffelskop, near Cradock; Jan Lion Cachet and Totius (J. D. du Toit) at Potchefstroom, and Jan F. E. Celliers in the Old Cemetery, Pretoria; while C. Louis Leipoldt's ashes were interred on the Pakhuisberg in Clanwilliam. The co-founder of the Kruger National Park, Piet Grobler, was buried in the New Cemetery, Pretoria, and the best-known finance minister of the Union, N. C. Havenga, at his home town Fauresmith. Public-spirited communities as well as private families all over South Africa have at numerous places gone to great trouble to preserve the graves of pioneers and public figures. At Ohrigstad the tombstones of Voortrekker graves have been brought together in a concrete but in the form of an ox-wagon, the oldest stone being that of J. J. Burger, born at Stellenbosch, over 1 600 km away, in the 18th century.

Cremations

May 31, 2009

Until the 19th century Christians did not practise cremation, and even now it is expressly forbidden by some Christian denominations. Special legislation in many countries of Europe and America, as well as South Africa, has legalised cremation, and precautions are taken to prevent its use to destroy evidence of crime. After burning the body, the ashes may be scattered in ‘gardens of repose’ or, more usually, deposited in urns at the crematorium or in private graves. The modern furnaces used for cremation are usually heated by means of gas (from the main), diesel oil or electricity. It takes about two hours, at a temperature ranging from 700 to 1,100 °C, to complete the process.

The following crematoria (with date of erection, method of heating, and temperature used) operate in South Africa: S.A. Cremating Co. Ltd.,

Stellawood, Durban (1926; coke-fired; 1,100 °C)

Johannesburg Crematorium, Braamfontein cemetery (1932; gas-operated; 900 °C)

Cape Town Crematorium, Maitland (1934; fuel oil; 1,100 °C)

Port Elizabeth Crematorium (1953; gasoperated; 700 °C)

Pretoria Municipal Crematorium (1957; electricity; 800 °C)

Cambridge Crematorium, East London (1959; diesel oil; 1,100 °C)

In the Republic of South Africa cremation is governed by regulations in terms of an ordinance in each of the provinces where crematoria have been erected for this purpose. The more important conditions and requirements prescribed may be summarised as follows: It shall not be lawful to cremate the remains of any person who is known to have left written directions to the contrary, and it is unlawful to cremate human remains which have not been identified. Before cremation can take place there must in every case be an application form, signed by an executor or by the nearest surviving relative, and accompanied by two medical certificates certifying the cause of death. These forms, together with a burial order signed by the proper authority, are submitted to the medical referee, specially appointed for this purpose, who signs the authority to cremate.

Cemeteries + Crematoria in Cape Town

May 31, 2009

The Cape Metropolitan Council welcomes genealogists to come and research in their Library but do not undertake research on anyone’s behalf. They hold burial records for the larger cemeteries such as Maitland, Plumstead, Pinelands, Ottery, Hout Bay.
Are you looking for burials in Cape Town?

Cemetery Location Date Opened Size- ha Tel No
Atlantis Old Darling Road, Atlantis 1980 16.5 021-5721518
Bellville Strand Road, Bellville 1947 13 021-9484541
Constantia Parish Road, Constantia 1886 2.5 021-7031796
Hout Bay Hout Bay Main Road, Hout Bay 1945 2.3 021-7901510
Plumstead Ext Klip Road, Grassy Park 1938 10.3 021-7051928
Maitland Gate 1-4 Voortrekker Road, Maitland 1886 100 021-5939592
Maitland Gate 5-10 Voortrekker Road, Maitland 1886 021-5931350
Modderdam Modderdam Road, Belhar 1975 18 021-9346458
Muizenberg Prince George Drive, Muizenberg 1913 17.1 021-7884758
Ocean View Jupiter Road, Ocean View 1975 2.6 021-7831358
Ottery Ottery Road, Ottery 1929 8 021-7035827
Pinelands No1 Forest Drive, Pinelands 1941 5.8 021-5315062
Pinelands No2 Forest Drive, Pinelands 1974 10.4 021-5315062
Plumstead Victoria Road, Plumstead 1915 18.4 021-7621081
Maitland Maitland Crematorium Off Voortrekker Road, Maitland 1934 021-5938316