AMATHOLE DISTRICT MUNICIPALITY
POLICY ON THE DISPOSAL OF THE DEAD
POLICY ON THE DISPOSAL OF THE DEAD
1. PREAMBLE
Amathole District Municipality has the Municipal Health Services as one of its
core functions. The function includes, among other things, “the disposal of the
dead” which entails:
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
controlling, restricting or prohibiting the business of an undertaker or
embalmer, mortuaries and other places or facilities for the storage of
dead bodies;
monitoring practices at cemeteries, crematoria and other facilities used
for the disposal of dead bodies;
managing, controlling and monitoring exhumations and reburials or the
disposal of human remains.
The disposal of human remains includes disposal of unclaimed bodies,
unknown bodies whose next-of-kin cannot be traced and the deceased from
destitute families
Safe guarding the health of the public by preventing and controlling the
spread of communicable diseases is one of ADM’s functions. This includes
facilitating burial of unknown bodies, unclaimed bodies and burial of the
deceased from destitute families.
The process and procedure for the burial of unknown bodies, unclaimed
bodies and the deceased from destitute families can be a challenge for both
the communities and ADM in the absence of clear guidelines.
The main purpose of the policy is to ensure that dead bodies are buried in a
hygienic, suitable manner in order to minimise the possible spread of
communicable diseases. This emanates from Section 48 (2) of the Health Act,
63 of 1977. The Act states that the responsibility for the removal and burial of
the body of a destitute person or of any dead body which is unclaimed or
which no competent person undertakes to bury the deceased shall devolve
upon the local authority. This includes the payment of all costs entailed
thereby.
The policy also provides an opportunity for the municipality to create a safety
net to the section of the population that cannot afford to pay for the burial
costs of their next-of-kin.
The policy also present a distinction between the pauper and the destitute
person who both require disposal in a decent manner.
REASONS FOR THE PROPOSED POLICY AMENDMENT
The name of the policy shall be called the “Policy on the Disposal of the Dead”
This is in line with the Municipal Health Services functions and seeks to
encompass both the pauper and the destitute burials.
External administrative shortcomings.
When performing the disposal of the dead function, the Health and Protection
Services Department deals with three different categories of deceased persons,
namely; unknown, unclaimed bodies and deceased from destitute families.
Challenges arise when coordinating the burial of the deceased from destitute
families. The problem starts at the public hospitals. When people who are sick
are admitted at a District Hospital for treatment are sometimes transferred to a
Tertiary Hospital for further management. This is mostly because these
hospitals are well equipped than district hospitals.
When the patients die, they are not transferred back by the hospital to where
they originally came from. Instead, a Funeral Undertaker takes over and store
the corpse until claimed by the next-of-kin. Upon receiving notification of death
and finding the body, the destitute family applies for assistance to bury the
deceased as a pauper at the place where the deceased originally came from.
On approval of the application, three quotations are obtained from funeral
undertakers that are in possession of the Certificate of Competence. The
quotations sometimes exceed the maximum amount (R3 800.00), due to costs
associated with high storage charges, based on the total number of days the
corpse has been kept by the said Funeral Undertaker. The transportation
charges for the corpse starting from where it was kept to its final destination also
increase, depending on the distance between the two points.
It is worth mentioning that the situation does not occur frequently, but when it
happens it poses a policy challenge and calls for deviation.
In view of the above background, an amendment of the existing policy is
required. The purpose of the amendment is to address the existing challenge
and provide for occurrences that are outside expectations and prescribed
procedures, necessitating departure from the policy.
The proposed amendment will be in the form of an insertion of a new clause that
will allow the Municipal Manager to make a deviation from the maximum amount
of R3 800.00 for the disposal of human remains.
The insertion of the policy amendment text will be as reflected hereunder:Clause No.
7.2.1
Insertion
Deviation from 7.2 can
only be allowed in
exceptional cases
Exceptional cases :
Unusual situations that
are beyond the Amathole
District Municipality’s
control where the
circumstances around
the burial of the
deceased result in
escalation of costs, such
that the maximum set
amount of R3 800.00 for
the disposal of human
remains is exceeded.
Comment
The clause will be
invoked as and when the
need arises. A written
request with justification
for the deviation must be
submitted to the
Municipal Manager
The policy also provides definitions of the different categories of the deceased that
are part of the Municipal Health Services function in relation to the the disposal of
the dead.
2. DEFINITIONS OF TERMS
For the purpose of this policy the following definitions shall be applicable:2.1
Body: The remains or any portion of a deceased person
2.2
Certificate of Competence: A document issued upon compliance
with the regulations relating to funeral undertakers premises;
Government Notice No. 237 of 8 February 1985.
2.3
Communicable disease: A disease resulting from an infection
caused by pathogenic agents or toxins generated by the infection,
following the direct or indirect transmission of the agents from the
source to the host.
2.4
Dead/Deceased:
2.5
Destitute:
2.6
Destitute family: A family that cannot afford funeral expenses for the
deceased.
2.7
Exceptional cases: Unusual situations that are beyond Amathole
District Municipality’s control where the circumstances around the
A person certified as such by a Medical Doctor
A deceased person from a destitute family
2.8
burial of the deceased result in escalation of costs, such that the
maximum amount of R3 800.00 is exceeded
Pauper: A person who has died as an unknown person and whose
next-of-kin cannot be traced.
2.9
Pauper burial: Burial of a pauper
2.10
Unclaimed body: A person’s corpse that has not been claimed by a
competent person after a period of six months investigation for the
next-of-kin.
2.11
Unknown body: An unclaimed body whose next-of-kin cannot be
traced after a period of six months.
2.12
Application form means the form attached hereto as annexure “A”
2.13
Application Withdrawal Form means the form attached hereto as
annexure “B”
3. POLICY STATEMENT
Amathole District Municipality is committed to safe guarding the health of the
public, providing assistance where there is no competent person to bury the
deceased; and addressing the challenges arising there from.
3.1
This policy recognizes and has taken into account the intentions,
content and stipulations contained in:
3.1.1
3.1.2
3.1.3
3.1.4
The National Health Act, 61 of 2003
Section 48 (2) of the Health Act, 63 of 1977
The Regulation Governing Funeral Undertakers Premises
The Regulation defining the Scope of the Profession of Environmental
Health; GN.R 698
It should thus be read with all other relevant legislations.
4. THE PURPOSE OF THE POLICY
Within the context and scope of the preamble above, the purpose of the
Policy is to provide an institutional framework for the continuous delivery of
Municipal Health Services as one of the core functions of Amathole District
Municipality (ADM) and as a decision-making tool.
4.1
Goal and Objectives of the Policy
4.1.1 Goal:- To assist ADM in responding to challenges posed in
relation to burial of unknown bodies and unclaimed bodies
and deceased from destitute families.
4.1.2 Objectives: a) To define the process and procedure to be followed in
dealing with applications for burial of the deceased from
destitute families.
b) To assist and provide guidelines for Funeral Undertakers
that may conduct burials of deceased from destitute families
and paupers.
5. THE SCOPE OF THIS POLICY
This Policy is applicable to all people who reside in the area which falls under
the jurisdiction of ADM.
6. PROCESS AND PROCEDURE FOR BURIAL OF A PERSON FROM A
DESTITUTE FAMILY
6.1
Process: The process is as follows:a) Submission of a written application to ADM.
b) Submission of necessary documents by relevant authorities and
parties.
c) Final assessment and approval
6.2
Procedure: The procedure is as follows:a) A person making an application for a destitute burial must make
a declaration to that effect.
b) A Social Worker from the Department of Social Development
must carry-out an assessment of the circumstances of the family
and submit a written recommend for such burial to ADM. The
family must state their relationship with the deceased and a
written authorization for ADM to bury the deceased as a
destitute.
c) A certified copy of the Identity Document of the deceased must
also be submitted together with the application.
d) When the burial is of an unknown or unclaimed body, a written
statement by the South African Police Services must be
submitted, stating that there is no objection to the burial of the
body.
e) A Death Certificate must be submitted, stating the cause of
death and signed by a Medical Officer.
f) When all the necessary documents have been received, ADM
will request quotes for destitute burial from three different funeral
undertakers.
g) The funeral undertaker that covers all the basic necessities for
the burial of a destitute person at the most reasonable cost will
be recommended.
7.
PROCESS AND PROCEDURE FOR A PAUPER BURIAL
7.1 Process: The process is as follows:a) Submission of a written application to ADM.
b) Submission of necessary documents by relevant authorities and
parties.
c) Final assessment and approval
7.2
Procedure: The procedure is as follows:-
a) A person making an application for a pauper burial must make a
declaration to that effect.
b) A certified copy of the Identity Document of the deceased,
where possible, must also be submitted together with the
application.
c) A Death Certificate must be submitted, stating the cause of
death and signed by a Medical Officer
d) When the burial is of an unknown or unclaimed body, a written
statement by the South African Police Services must be
submitted, stating that there is no objection to the burial of the
body
e) When all the necessary documents have been received, ADM
will request quotes for destitute burial from three different funeral
undertakers.
f) The funeral undertaker that covers all the basic necessities for
the burial of a destitute person at the most reasonable cost will
be recommended.
g) The funeral undertakers’ quote must cover the costs of the
following:
7.3
A coffin
Storage costs
Funeral service
Transport for the coffin to the graveyard
The maximum amount for a pauper burial shall not exceed
R3 800.00
7.3.1
Deviation from Clause 7.2 can only be allowed in exceptional
cases and must be approved by the Municipal Manager.
7.4
Only quotes from funeral undertakers that have a current
Certificate of Competence issued by ADM will be considered.
Collection and storage of unclaimed or unknown bodies from the
street by a Funeral Undertaker shall not automatically lead to
the appointment of that funeral undertaker.
7.5
7.6
Arrangements for land to bury the deceased shall be the
responsibility of the funeral undertakers.
7.7
A pauper or a destitute person may be buried or cremated
according to the conditions determined by the council.
7.8
If the body of a pauper or a destitute is cremated, the ashes shall
be retained by the funeral undertaker for a period not exceeding
12 months.
7.9
Ashes not claimed within the period of 12 months shall be
buried in an ash grave.
7.10 The burial of a person who has died in a hospital or other
Institution shall be the responsibility of such hospital or institution
except a deceased person from a destitute family.
8
MANAGEMENT, IMPLEMENTATION AND MONITORING OF THIS
POLICY
The institutional responsibility, administration and review of the policy
are vested in the authority of the Municipal Manager. Implementation
and monitoring of the policy shall be the responsibility of the Health and
Protection Services Department.
ANNEXURE “A”
AMATHOLE DISTRICT MUNICIPALITY
_______________________________________________________________________________
40 Cambridge Street • East London • South Africa • 5201
PO Box 320 • East London • 5200
Tel: +27 (0) 43 701 4000 • fax: +27 (0) 43 742 0337
APPLICATION FOR A DESTITUTE BURIAL
1. PARTICULARS OF APPLICANT
I...............................................................................................................
(Full Names and Surname)
Position:
.................................................................................................................
ID Number:
.................................................................................................................
Physical Address:
.................................................................................................................
.................................................................................................................
.................................................................................................................
Postal Address:
.................................................................................................................
.................................................................................................................
.................................................................................................................
Code: .......................................................................................................
Hereby apply for the burial of the following deceased whom I identify
as:
2. PARTICULARS OF THE DECEASED PERSON
ID Number:
.................................................................................................................
Full Names and Surname:
.................................................................................................................
Home Address (if known)
.................................................................................................................
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Next of Kin
.................................................................................................................
.................................................................................................................
3. BRIEF DESCRIPTION OF CAUSE OF DEATH
(To be certified by a Medical Doctor wherever possible)
.................................................................................................................
.................................................................................................................
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Signed On: ……………………… Day of ……………………Year………………...
If the person died in Hospital, this form must be completed by duly
authorized doctor or nurse and certified by a police officer where the
deceased was found out of hospital premises.
Full Names of the person Certifying the Death
……………………………………………………… …………………………………………
ANNEXURE “B”
AMATHOLE DISTRICT MUNICIPALITY
_______________________________________________________________________________
40 Cambridge Street • East London • South Africa • 5201
PO Box 320 • East London • 5200
Tel: +27 (0) 43 701 4000 • fax: +27 (0) 43 742 0337
APPLICATION WITHDRAWAL FORM
OFFICIAL’S FULL NAME
(print)
DATE
SIGNATURE
All information and
documentation supplied
Please insert the
Notification Number
FOR OFFICE USE ONLY
OFFICIAL’S FULL NAME
(print)
DATE
SIGNATURE
OFFICIAL’S FULL NAME
(print)
DATE
SIGNATURE
All information and
documentation supplied
Recommended
Approval by authorized
official of Debt
Management
Not approved
If not approved reasons
to be supplied:
Letter advising applicant
of outcome (Attach copy
to application form)
REASONS FOR WITHDRAWAL:
FOR OFFICIAL USE ONLY
After approval and if
withdrawn, then reasons
for such withdrawal are
to be supplied here:
OFFICIAL’S FULL NAME
(print)
Recommend withdrawal
Approval for withdrawal
Letter advising applicant
of withdrawal: (Attach
copy to application form)
DATE
SIGNATURE