Heritage Cases

BACKGROUND INFORMATION The graves subject to this application was inadvertently discovered during construction activities and were damaged and exposed in the process. It was recommended that the graves be relocated. The development impacting on the current location of the graves is an attenuation pond development of large extent. All other permissions and permits required for the development have been granted and the installation of essential services and infrastructure has already started. Our company has been appointed by Blue Dot/Lilithalelethu JV to effect the relocation of a number of graves. We will be assisted in this regard by Twala Ama-Africa Funeral Undertakers. A letter of appointment and acceptance is attached as a separate document. A public consultation process, including site and newspaper notices and radio broadcasts, to identify next of kin for the graves was undertaken and family members have contacted PGS to claim the graves (see details below). In addition extensive documentary and archival research was conducted. LEGAL COMPLIANCE In order to fully comply with legislation we are also seeking the permission of the following entities: • In terms of Removal of Graves and Dead Bodies Ordinance (Ord 7 of 1925) we are applying to the delegated Provincial MEC which is also the authorized sphere of government identified in of the Regulations Relating to the Management of Human Remains (No R 363 of 22 May 2013) of the National Health Act (No 61 of 2003). • In terms of the Regulations Relating to the Management of Human Remains (No R 363 of 22 May 2013) of the National Health Act (No 61 of 2003) we are applying to the Local and District Municipality who have jurisdiction to ensure the supervision of an Environmental Health Practitioner. • In terms of the Regulations Relating to the Management of Human Remains (No R 363 of 22 May 2013) of the National Health Act (No 61 of 2003) we will notify the local SAPS and arrange for a member of SAPS to be present during the exhumation. EXHUMATION PROCESS The exhumation of the graves subject to this application will be conducted by a professional registered funeral undertaker assisted by an accredited archaeologist where it is required by the National Heritage Resources Act (25 of 1999)(Graves older than 60 years). Where the affected family or next-of-kin could be identified their presence at the exhumation and participation in the re-burial will be arranged. All actions in term of supervision and control during exhumation and re-burial will be in compliance with the requirements of Regulations Relating to the Management of Human Remains (No R 363 of 22 May 2013) of the National Health Act (No 61 of 2003). Any person that comes in contact with the human remains or is involved with the excavation of the grave will be supplied with, and be required to wear the appropriate personal protective equipment (PPE). The human remains will be placed in a new coffin at the grave side immediately upon exhumation and will be sealed and disinfected before handling and transport to the re-burial site. Disinfectants and precautionary measures will be used during all stages of the exhumation process. A registered Funeral Undertaker from the jurisdiction in which the graves are located was appointed to conduct the exhumation, transport and re-burial of the graves. CONSULTATION WITH AFFECTED PARTIES In order to identify the deceased individuals buried in the graves subject to this application the following public participation and social consultation activities were conducted: • The following public notices were placed: Notice Date Language Response allowed Refer for copy Site notice at grave 7 March 2014 English, isiZulu 60 days Relevant copies of notices are attached as separate documents National circulation Newspaper notice: Daily Sun 26 March 2014 English, isiZulu 14 days Local circulation newspaper notice: Lenasia Times End-March 2014 issue English, isiZulu 14 days Response received on the notices placed: No response was received as a result of the notices that were placed. Some community members, when asked, indicated that they have noted they heard and read the notices, but didn’t respond since they did not have graves in that area. • Documentary and archival research with the aim of identifying the graves and the possible next-of-kin of the deceased individuals was conducted by a professional historian with experience in archival research. The farm name or physical address where the graves are located, as well as any names from headstones and any available historical maps and photographs were included in the research. Name and contact particulars of historian: J Kitto and PD Birkholtz, PGS Heritage, Jennifer@gravesolutions.co.za, Tel: (w) 012 332 5305 Summary of results: No reference to graves on the property in question were found in any of the sources. According to the List of Farms in the Transvaal book the Farm was previously Vlakfontein 19, Roodepoort district. Documents and plans relating to this farm were found, but Only such as shows the name of the owner in 1939 none referred to graves on the property. • Based on the results of the above actions an extensive stakeholder based social consultation process aimed at identifying and consulting with individually affected families was conducted over a period of three months by a professional social consultant. The findings were as follows: Name and contact particulars of social consultant: T Phili, PGS Heritage, Troy@gravesolutions.co.za, Tel: (w) 012 332 5305 • Summary of results: Social consultations took place at the site of the graves. Mr JK Khumalo and Mr P Bans identified themselves brothers of the two buried individuals. The grave relocation process was explained to them and Mr Khumalo subsequently formally requested that the grave of his siblings to be relocated to Elandsfontein Cemetery. • Permission by next-of-kin: Written permission was obtained from the affected family and is attached as a separate document. • Death certificates: Where death certificates are available for the buried individuals subject to this application they are attached as separate documents. Where no death certificates were available or none could be obtained the reasons for this are listed in a separate attached document. • Landowner permission: A copy of the land owner’s permission to exhume and re-bury the remains is attached as a separate document. RE-BURIAL OF THE REMAINS The remains in graves subject to this application will be reburied at the following localities: Elandsfontein municipal cemetery