Promotion of National Unity and Reconciliation Act, 1995: Amendment of Regulations on Exhumation, Reburial or Symbolic Burial of Deceased Victims

Call for comments opened 10 March 2014 Share this page:

Justice and Correctional Services

The Department of Justice and Constitutional Development invites you to submit written comments on the proposed amendments to the Regulations which are attached hereto as Annexure A.

Follow this link to view the proposed amendments and a note, explaining the background of the proposed amendments

Comments can be emailed to Ms I Botha at inbotha@justice.gov.za or Ms F Bhayat at fbhayat@justice.gov.za by no later than Monday, 31 March 2014.

Enquiries can be directed to Ms I Botha at (012) 406 4756 or Ms F Bhayat at (012) 406 4771.

Background
The following background information is hereby furnished in order to assist interested parties to comment on the proposed amendments to the regulation. On 26 June 2003 Parliament, in term s of the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995) (the Act), approved the decision of the Joint Committee, which was established to consider the recommendation put forward by the Truth and Reconciliation Commission (the TRC), relating to the granting of reparation to victims. One of the categories of reparation approved. Is medical benefits and other forms of social assistance. In terms of section 27 of the Act, the said decision must be implemented by the President by making regulations. The regulations on exhumation, reburial and symbolic burial of deceased victims were published in the Gazette on 07 May 2010 under the scope of the abovementioned category. The purpose of the Regulations is to assist the families of the approximately 500 persons who went missing and were reported to the TRC as being unaccounted for. The Regulation enable them to attend exhumation procedures, to obtain legal and financial assistance in respect of application for orders presuming the death of missing person and to receive financial assistant with the reburial of the remains of such persons when are found through investigations by the missing Person Task Team (the MPTT), located within the National Prosecuting Authority. The proposed amendments to the Regulations make provision for the following additional forms of assistance: Travel and subsistence allowances for the family members of a missing person or a deceased victim when they attend a cleansing ceremony and a hand-over ceremony and assistance to purchase an animal to be slaughtered for the purpose of a cleansing ceremony performed in respect of a deceased victim. The proposed amendment to the regulation also makes provision for the following: an increase in the traveling and subsistence allowances for the family member of a deceased victim in order to attend an exhumation procedure, an obligation on the Department, in certain circumstance, to supply a coffin and other related funeral items and accessories not exceeding R12 000, 00, for the purpose of a hand-over ceremony, an escalations remains adequate due to regular general regulations in view of the new forms of assistance that are to be included in the Regulations.