Brakpan community members unaware that reselling grave sites is illegal

The municipality has released a statement refuting the selling of the right of use of a reserved grave to a third party.

Reservation of a grave does not confer any form of ownership over a grave, but only gives a right to bury a loved one in that grave, African Reporter explains.

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Ekurhuleni spokesperson Themba Gadebe said graves could only be purchased from the municipality, and only when required for immediate use.

“A person, who has reserved a grave, may cancel the reservation of the grave and get a refund, and the municipality will reallocate the same to those in need.

“The reservation of graves is governed through the cemeteries and crematorium by-laws but in the event where the person who has reserved a grave is late, the family or heirs may relinquish the right to use the unused grave back to the city.”

Gadebe explained according to the city’s by-laws on cemeteries and crematoriums that the transferring of rights in respect of existing reserved graves or selling of a reserved unused grave is prohibited.

“However, the city may revoke a reservation on application by the person who has reserved it and refund the interment fee applicable at the time of the application.

“Applications for rescinding of a reservation can be submitted to the cemetery office where the grave concerned is located for further processing.”

Gadebe adds if the applicant for a reserved grave is late, a person intending to get a refund for a reserved grave has to bring an affidavit indicating that he/she can transact on behalf of the other family members or heirs.

“The affidavit has to also state that the concerned family members or heirs are entitled to receive the proceeds from the reserved grave.

“This affidavit has to be submitted together with an application to cemetery office at the cemetery where the unused grave is,” he concludes.

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