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Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Regulations

Regulations on Exhumation, Reburial or Symbolic Burial of Deceased Victims

Annexure

 

ANNEXURE

 

PROMOTION OF NATIONAL UNITY AND RECONCILIATION ACT, 1995

 

REQUEST FORM

 

REQUEST FOR ASSISTANCE IN RESPECT OF EXHUMATION, REBURIAL OR SYMBOLIC BURIAL OF DECEASED VICTIMS

[Regulation 7]

 

Note:

 

1. The information and documents requested in this form are required in order to provide assistance to relatives of missing persons and deceased victims in respect of—
(a) the exhumation of the remains of missing persons;
(b) applications for orders for presuming the death of missing persons;
(c) the reburial or symbolic burial of deceased victims;
(d) the attendance and performance of a cleansing ceremony in respect of a deceased victim; and
(e) the attendance of a hand-over ceremony.

 

2. Use this form to request assistance as indicated in note 1 above.

 

3. Only a requester, that is a relative designated by the other relatives of the missing person or deceased victim, may request assistance by completing this form.

 

4. You are a relative of a missing person or deceased victim if you are—
(a) a parent of, or somebody who exercised parental control over, the missing person or deceased victim;
(b) a person who was married to the missing person or deceased victim under any tradition or a system of religious, personal or family law;
(c) a child of the missing person or deceased victim, irrespective of whether or not you were born in or out of wedlock or were legally adopted;
(d) a person to whom the missing person or deceased victim had a duty of support in terms of the common law, customary law or legislation; or
(e) a person who was a blood relation of the missing person or deceased victim.

 

5. The requester and not more than—
(a) 5 other relatives of a missing person or deceased victim, designated by the requester after consultation with the relatives of the missing person or deceased victim, may receive assistance in respect of a cleansing ceremony and to attend an exhumation procedure; and
(b) 9 other relatives of a missing person or deceased victim, designated by the requester after consultation with the relatives of the missing person or deceased victim, may attend a hand-over ceremony.

 

6. Particulars about the assistance are contained in regulations 4, 4A, 4B, 5, 5A, 5B, 5C, 5E and 6 of the Regulations on Exhumation, Reburial or Symbolic Burial of Deceased Victims.  A copy thereof is obtainable from the Office of the Fund Administrator and the TRC Unit at the Department of Justice and Constitutional Development.

 

7. The banking details of the person who is to receive money in terms of the Regulations, must be confirmed by the bank by affixing the official stamp of the bank on the form.

 

 

 

PART I

PERSONAL PARTICULARS

 

A

PARTICULARS OF REQUESTER

(This is the relative of the missing person/deceased victim who has been designated by the family of the missing person/deceased victim to request assistance on behalf of the family)

1.

Title: (Mr, Miss, Mrs, Dr)


2.

Surname:


3.

First Names:


4.

ID number/date of birth if ID number is not available: (Please attach a copy of your identity document/birth certificate)


5.

Are you a relative of the missing person or deceased victim? (Mark with "x")

Yes


No


6.

Relation to missing person or deceased victim:


7.

Contact details:

(a) *Home address / Home address of other person (if applicable):

(State below the address where you live and to which mail may be sent. If you do not have an address, state the address of another person who can be contacted, e.g. place of worship, school, community leader, etc.)



 

 

 

 



(b) *Postal address / Postal address of other person (if applicable):


 

 

 

 



(c) Numbers where you can be contacted:


Home:


Work:


Cell

no:

 

 



(d) Other


E-mail


Facsimile


 

B

PARTICULARS OF PERSON WHO COUNTERSIGNS THIS FORM

(The person countersigning this form may only do so if he or she is another relative of the missing person or deceased victim who is over the age of 21 years; or a person over the age of 21 years who knows the requester, if another relative is not available.

1.

Title: (Mr, Miss, Mrs, Dr)


2.

Surname:


3.

First Names:


4.

ID number/date of birth if ID number is not available: (Please attach a copy of your identity document/birth certificate)


5.

Are you a relative of the missing person or deceased victim? (Mark with "x")

Yes


No


6.

Relation to missing person or deceased victim:


7.

Contact details:

(a) Numbers where you can be contacted:


Home:


Work:


Cell

no:

 

 



(b) Other


E-mail


Facsimile


 

C

PARTICULARS OF MISSING PERSON/DECEASED VICTIM

(The person countersigning this form may only do so if he or she is another relative of the missing person or deceased victim who is over the age of 21 years; or a person over the age of 21 years who knows the requester, if another relative is not available.

1.

Title: (Mr, Miss, Mrs, Dr)


2.

Surname:


3.

First Names:


4.

ID number/date of birth if ID number is not available: (Please attach a copy of your identity document/birth certificate)


 

D

PARTICULARS OF RECIPIENTS

(Recipients are relatives of the missing person/deceased victim designated by the requester after consultation with the family and who may receive assistance to attend an exhumation procedure, cleansing ceremony and hand-over ceremony.)

The requester must indicate below the full names and id numbers of the recipients who will attend the procedure or ceremony.

Name and Surname

ID Number

1



2



3



4



5



6



7



8



9



 

PART II

ASSISTANCE REQUESTED

 

A

EXHUMATION

a.

PARTICULARS OF EXHUMATION

1.

Date and time of exhumation:


2.

Place of exhumation


b.

TRANSPORT AND SUBSISTENCE ALLOWANCE FOR PERSON REQUESTING ASSISTANCE

(This part should be completed in respect of the requester and every other recipient by using copies of this page.)

1.

(a) Full names of person requesting travel and subsistence allowance:

2.

Means of travel: (mark with "x")

Air

transport


Public transport

(e.g.

taxi/bus)


Private

transport


3.

Date of travel:


4.

Time of travel:

 

5.

Travelling from:


6.

Travelling to:

 

7.

Total distance to be travelled:


8.

Subsistence allowance required for how many nights?

 

9.

Please give reasons why accommodation is to be hired for the nights referred to in 8 above:

 

 

 

10.

(a) Age of the person requesting assistance

 

10.

(b) Health condition of the person requesting assistance:

 

11.

Banking details of person in whose bank account the allowance is to be paid, if granted:

 

(Bank in question must affix its stamp here to confirm the banking details of the centre)

 

(a) Name of account holder
(b) Id number of account holder: (Please attach copy of identity document)

 

(c) Name of bank:

 

(d) Branch code:

 

(e) Type of account (e.g. cheque, savings, etc):

 

(f) Account number:

 

 

B

LEGAL OR FINANCIAL ASSISTANCE FOR THE PURPOSE OF AN APPLICATION FOR AN ORDER PRESUMING THE DEATH OF A MISSING PERSON

(Particulars of disappearance of person who was reported to the Truth and Reconciliation Commission as disappearing and missing and who is believed to have disappeared or who went missing during the period 1 march 1960 and 10 may 1994 as a result of the conflicts of the past)

1.

Division of High Court in which it is intended to bring an application for an order presuming the death of the person reported missing


2.

Date/approximate date person went missing:


3.

Place where person went missing/is believed to have gone missing (if known):


4.

State the circumstances under which the person went missing:


5.

Give reasons why it is believed that the person went missing as a result of conflicts of the past:


6.

Banking details of person in whose bank account the financial assistance is to be paid, if granted: (If financial assistance in respect of the application is provided, it shall be paid directly into the bank account of the person, who rendered the legal assistance):

(Bank in question must affix its stamp here to confirm the banking details of the centre)

 

(a) Name of account holder
(b) Id number of account holder: (Please attach copy of identity document)

 

(c) Name of bank:

 

(d) Branch code:

 

(e) Type of account (e.g. cheque, savings, etc):

 

(f) Account number:

 

 

C

ONCE-OFF GRANT FOR THE REBURIAL OF A DECEASED VICTIM

1.

Date on which deceased victim is to be/was re-buried:


2.

Banking details of person in whose bank account the once the off grant is to be paid, if granted:

 

(Bank in question must affix its stamp here to confirm the banking details of the centre)

 

(a) Name of account holder
(b) Id number of account holder: (Please attach copy of identity document)

 

(c) Name of bank:

 

(d) Branch code:

 

(e) Type of account (e.g. cheque, savings, etc):

 

(f) Account number:

 

 

D

ONCE-OFF GRANT FOR THE SYMBOLIC BURIAL OF A DECEASED VICTIM

1.

Date on which deceased victim is to be/was symbolically buried:


2.

Banking details of person in whose bank account the once off grant is to be paid, if granted:

 

 

(Bank in question must affix its stamp here to confirm the banking details of the centre)

 

(a) Name of account holder
(b) Id number of account holder: (Please attach copy of identity document)

 

(c) Name of bank:

 

(d) Branch code:

 

(e) Type of account (e.g. cheque, savings, etc):

 

(f) Account number:

 

 

E.

CLEANSING CEREMONY IN RESPECT OF A DECEASED VICTIM

a.

PARTICULARS OF CLEANSING CEREMONY

1.

Date and time of cleansing ceremony:


2.

Place(s) of cleansing ceremony:


b.

TRANSPORT AND SUBSISTENCE ALLOWANCE FOR PERSON REQUESTING ASSISTANCE FOR ATTENDING A CLEANSING CEREMONY IN RESPECT OF A DECEASED VICTIM

(This part should be completed in respect of the requester and every other recipient by using copies of this page.)

1.

Full names of person requesting travel and subsistence allowance:


2.

Means of travel: (mark with "x")

Air

transport


Public transport

(e.g.

taxi/bus)


Private

transport


3.

Place of killing of deceased victim:


4.

Place of burial of deceased victim:


5.

Date of travel:


6.

Time of travel:

 

7.

Travelling from:


8.

Travelling to:

 

9.

Total distance to be travelled:


10.

Subsistence allowance required for how many nights?

 

11.

Please give reasons why accommodation is to be hired for the nights referred to in 10 above:

 

 

 

12.

(a) Age of the person requesting assistance

 

12.

(b) Health condition of the person requesting assistance:

 

13.

Banking details of person in whose bank account the allowance is to be paid, if granted:

 

(Bank in question must affix its stamp here to confirm the banking details of the centre)

 

(a) Name of account holder
(b) Id number of account holder: (Please attach copy of identity document)

 

(c) Name of bank:

 

(d) Branch code:

 

(e) Type of account (e.g. cheque, savings, etc):

 

(f) Account number:

 

 

F

ASSISTANCE TO PURCHASE ANIMAL FOR THE PURPOSE OF A CLEANSING CEREMONY IN RESPECT OF A DECEASED VICTIM

1.

Date on which cleansing ceremony in respect of deceased victim is to be/was performed:


2.

Banking details of person in whose bank account the allowance is to be paid, if granted:

 

(Bank in question must affix its stamp here to confirm the banking details of the centre)

 

(a) Name of account holder
(b) Id number of account holder: (Please attach copy of identity document)

 

(c) Name of bank:

 

(d) Branch code:

 

(e) Type of account (e.g. cheque, savings, etc):

 

(f) Account number:

 

 

G

HAND-OVER CEREMONY

a.

PARTICULARS OF HAND OVER CEREMONY

1.

Date and time of hand-over:


2.

Place of hand-over:


b.

TRANSPORT AND SUBSISTENCE ALLOWANCE FOR PERSON REQUESTING ASSISTANCE FOR ATTENDING A HAND-OVER CEREMONY IN RESPECT OF A DECEASED VICTIM

(This part should be completed in respect of the requester and every other recipient by using copies of this page.)

1.

Full names of person requesting travel and subsistence allowance:


2.

Means of travel: (mark with "x")

Air

transport


Public transport

(e.g.

taxi/bus)


Private

transport


3.

Date of travel:


4.

Time of travel:

 

5.

Travelling from:


6.

Travelling to:

 

7.

Total distance to be travelled:


8.

Subsistence allowance required for how many nights?

 

9.

Please give reasons why accommodation is to be hired for the nights referred to in 8 above:

 

 

 

10.

(a) Age of the person requesting assistance

 

10.

(b) Health condition of the person requesting assistance:

 

11.

Banking details of person in whose bank account the money to attend a hand-over ceremony in respect of a deceased victim is to be paid, if granted:

 

(Bank in question must affix its stamp here to confirm the banking details of the centre)

 

(a) Name of account holder
(b) Id number of account holder: (Please attach copy of identity document)

 

(c) Name of bank:

 

(d) Branch code:

 

(e) Type of account (e.g. cheque, savings, etc):

 

(f) Account number:

 

 

 

PART III

OATH/AFFIRMATION AND SIGNATURE OF THE PERSON REQUESTING ASSISTANCE

 

I, ................................................................................... (full names), identity number: ............................................. , being the requester, certify that I—

(a) have consulted with the other relatives of the * missing person/deceased victim; and
(b) have been designated by the other relatives of the * missing person/deceased victim to be the requester.

 

Signed at ............................................. on this .............. day of .................................. 20 ........

 

 

________________________________

REQUESTER

 

The requester has *taken the oath/solemnly affirmed that the contents of the declaration are complete and true, before me at ............................... on this ................ day of ....................................... 20 .........

 

 

_________________________________

COMMISSIONER OF OATHS

(*Delete whichever is not applicable)

 

 

PART IV

OATH/AFFIRMATION AND SIGNATURE OF THE PERSON COUNTERSIGNING THE REQUEST FORM

 

I, ................................................................................... (full names), identity number: ............................................. , being the person who is countersigning this request form, certify that—

(a) *I am a relative of the *missing person/deceased victim and I am over the age of 21 years; or
(b) I am person over the age of 21 years who knows the requester; and
(c) the requester is a relative of the missing person/deceased victim.

 

Signed at ............................................. on this .............. day of .................................. 20 ........

 

 

_________________________________________

PERSON COUNTERSIGNING THE REQUEST FORM

 

The person countersigning the request form has *taken the oath/solemnly affirmed that the contents of the declaration are complete and true, before me at ....................................................... on this ......................... day of  .................................... 20 .............

 

 

_________________________________

COMMISSIONER OF OATHS

(*Delete whichever is not applicable)

 

[Annexure substituted by regulation 13 of Notice No. R. 1305 of 2016]