Crematorium Ordinance, 1971
Act 6 of 1971
- Published in Official Gazette 3182 on 24 June 1971
- Assented to on 21 June 1971
- Commenced on 24 June 1971
- [This is the version of this document from 24 June 1971 and includes any amendments published up to 1 December 2023.]
1. DefinitionsIn this Ordinance, unless the context otherwise indicates -“cremate” means to reduce any human remains to ashes by burning or the application of heat, and “cremation” has a corresponding meaning;“crematorium” means any building fitted with appliances for cremation, including everything essential, incidental or ancillary thereto and includes any structure which, in any special circumstances, the Administrator may approve as a crematorium;“inspector” means an inspector appointed in terms of section 7 of this Ordinance;“local authority” means the council of any municipality or any village management board and includes the Peri-Urban Development Board established in terms of the provisions of the Peri-Urban Development Board Ordinance, 1970, (Ordinance 19 of 1970);[The Peri-Urban Development Board Ordinance 19 of 1970 was repealed by the Local Authorities Act 23 of 1992.]“proprietor” in relation to a crematorium, means any local authority or any person or any society or other association of persons, whether incorporated or not, responsible for the maintenance, management and control of a crematorium;“regulation” means a regulation made and in force under this Ordinance.
2. Authority of Administrator to approve establishment of a crematorium
3. Conditions for the establishment of a crematorium and the registration thereof
4. Site of crematoriumNo crematorium may be established within two hundred metres of the boundary of any land belonging to any other person, without the consent in writing of the owner and occupier of such land, unless the Administrator has granted authority to dispense with the consent of any or all such owners and occupiers, or within fifty metres of any public road, street, thoroughfare or public place: Provided that the foregoing provision shall not apply to the establishment of a crematorium in any cemetery under the management and control of a local authority.
5. Inspection beforegranting of certificate of registrationBefore granting a certificate of registration in terms of section 3(2) the Administrator may require that the crematorium concerned and the equipment and appliances to be used in connection therewith be inspected by an inspector or by any officer or person whom the Administrator may appoint for that purpose.
6. Cremation to be performed in registeredcrematorium onlyAfter the commencement of this Ordinance, no person shall perform, or permit or take part in the performance of, a cremation in any place other than a crematorium in respect of which a certificate of registration has been granted in terms of section 3 (2).
7. Appointment of InspectorsThe Administrator may appoint one or more persons as an inspector or inspectors for the purposes of enforcing this Ordinance and the regulations, and every inspector so appointed, shall be furnished with a certificate, signed by the Secretary for South West Africa, that he has been so appointed.
8. Powers of Inspectors
9. Closing of a crematorium
11. Offences and penaltiesAny person who -
12. Enquiries as to the carrying out of the provisions of the Ordinance and the regulationsThe Administrator may authorize any person to make such enquiries as the Administrator deems expedient for the purpose of ascertaining whether the provisions of this Ordinance and the regulations are being complied with.
13. Power to prohibit or delay cremationNothing contained in this Ordinance or the regulations shall prevent any person entrusted with the investigation of crime on behalf of the State, from prohibiting or delaying any cremation in the execution of his duties for which purpose he may suspend any certificate or other authority authorizing the performance of a cremation, pending any such investigation as he may deem necessary.
14. Short Title[The word “title” in the heading should not be capitalised.]This Ordinance shall be called the Crematorium Ordinance, 1971.
History of this document
24 June 1971 this version
21 June 1971