The President has, under section 27(2) of the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995), and after the procedures prescribed in sections 4(f)(i) and 27(1) and (2) of the said Act have been complied with, made the Regulations in the Schedule.
"deceased victim" means a person who was reported to the Commission as having disappeared or gone missing and who, according to information at the disposal of the prosecuting authority obtained during an investigation into the disappearance, died during the period 1 March 1960 to 10 May 1994, as a result of harm suffered as referred to in the definition of "victim" in section 1 of the Act.
Authority Act, 1998 (Act No.
"symbolic burial" means a ceremony during which the life and death of the deceased victim, whose physical remains cannot be found, are honoured; and "the Act" means the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995).
The Accounting Officer is responsible for the application of the Regulations.
The Fund Administrator must, within one month after the commencement of the Regulations, submit to the Accounting Officer for approval in writing, administrative measures that will ensure adequate financial controls regarding the payment of assistance.
(a) A relative of a missing person may request the assistance as provided for in subregulation (2)(a) and (b).
A relative of a deceased victim may request the assistance as provided for in subregulation (2) (c).
R8 500,00 for each symbolic burial as a contribution towards the expenses incurred in connection with the symbolic burial of a deceased victim.
not received the assistance provided for in subregulation (2)(c)(i), may request the assistance provided for in subregulation (2)(c)(i).
The requester and not more than three recipients may, at the expense of the Fund, make use of private or public transport provided for in subregulations (2), (3) and (4) in order to attend the exhumation procedures in respect of a missing person.
in the case of public transport, an amount equal to the fare for the least expensive transport along the shortest route.
has in writing approved the use thereof prior to the journey.
On submission of satisfactory proof, the requester and the recipient are entitled to be reimbursed for any reasonable actual expenses incurred in respect of parking and toll fees.
the Fund Administrator is satisfied that the transport and travel costs are warranted.
Regulations 7 to 13 of the Regulations shall apply with the necessary changes in respect of a request for transport and travelling allowances in respect of further exhumation procedures.
R60,00 for incidental expenditure for each period of 24 hours, or part thereof, of absence from his or her residence if the Fund Administrator is satisfied that the expenditure was necessary and reasonable.
The allowances provided for in subregulations (1)(a) and (b) must be utilised for accommodation, all meals and refreshments.
the Fund Administrator is satisfied that the subsistence allowances are warranted.
Regulations 7 to 13 of the Regulations shall apply with the necessary changes in respect of a request for subsistence allowances in respect of further exhumation procedures.
The Fund Administrator must, before deciding that an organ of state must provide legal assistance to the requester, obtain the approval of the organ of state which is to provide the legal assistance.
The Fund Administrator must, if financial assistance is to be provided, determine a maximum amount for this purpose, taking into account the fees as arranged from time to time between the State Attorneys, appointed in terms of section 2 of the State Attorney Act, 1957 (Act No. 56 of 1957), and the General Council of the Bar of South Africa.
A request for assistance as provided for in regulation 3 must be made in the form of the request form contained in the Annexure.
by a person over the age of 21 years who knows the requester, if another relative of the missing person or deceased victim, as the case may be, is not available.
The request form must be available at the office of the Fund Administrator.
in the case of regulation 10(1)(c), by a certified copy of the identity document of the person, other than the requester or the recipient, in whose bank account the assistance provided for in the Regulations is to be paid.
The banking details in the request form must be confirmed by the bank by affixing the official stamp of the bank on the request form.
The request form must, after completion by the requester, be submitted to the Fund Administrator.
make the payment in accordance with the directions of the requester, as indicated in the completed request form.
the Fund Administrator is satisfied with the aspects provided for in subregulation (1)(b).
The Fund Administrator must, after the procedural requirements and conditions provided for in regulation 7 have been complied with, make a decision on a request for assistance.
inform the requester orally, if his or her contact particulars are available, and in writing of the decision and the right of the requester to lodge representations should the requester not agree with the decision.
If the Fund Administrator decides that no assistance is to be rendered or if he or she decides that the assistance to be rendered is less than the assistance requested, the Fund Administrator must inform the requester orally and in writing of the reasons for the decision.
in the case of financial assistance as provided for in regulation 3(2)(b), to the person who rendered the legal assistance.
retain proof of the payment.
A requester who is aggrieved by a decision of the Fund Administrator regarding assistance may make representations to the Accounting Officer.
must, where possible, be accompanied by documents substantiating the reasons why the person is aggrieved.
by facsimile or e-mail transmission, the proof of which must be retained and the original thereof must be submitted by registered post.
The Fund Administrator must, immediately upon notification by the Accounting Officer of representations received, submit to the Accounting Officer the documents in his or her possession that relate to the matter, together with his or her reasons for the decision.
The Accounting Officer may, in order to make a finding regarding the representations, make any enquiries he or she deems fit.
The Accounting Officer must, as soon as possible but not later than five working days from the date of receipt of representations, make a finding in regard to the representations and inform the person who made the representations orally, if his or her contact particulars are available, and in writing of his or her findings.
form part of the estate of the requester or recipient, should such estate be sequestrated.
These Regulations are applicable in respect of an exhumation, reburial or symbolic reburial conducted in South Africa.
These regulations are called the Regulations on Exhumation, Reburial or Symbolic Burial of Deceased Victims.
Use this form to request assistance in respect of the exhumation of the remains of persons reported as missing to the Truth and Reconciliation Commission (TRC) or an application for an order presuming the death of a missing person reported to the TRC or the reburial or symbolic burial of deceased victims.
Only a relative designated by the other relatives of the missing person or deceased victim may request assistance by completing this form.
a person who was a blood relation of the missing person or deceased victim.
(Attach a certified copy of the identity document.
Are you a relative of the missing person or deceased victim?
How are you related to the missing person or deceased victim?
NOTE: If you cannot be contacted directly, give the telephone particulars of a person through whom you can be contacted.
a person over the age of 21 years who knows the requester, if another relative is not available.
(d) (e) (f) Title: Indicate any other surnames: Identity Number: (Attach a certified copy of the identity document.) In which capacity are you signing (See note above, e.g. relative.?
Cell phone: NOTE: If you cannot be contacted directly, give the telephone particulars of a person through whom you can be contacted.
a once-off grant of R8 500,00 per symbolic burial.
A relative of a deceased victim who has reburied a deceased victim prior to the commencement of the Regulations and who has not received a once-off grant of R15 000,00, may only request the assistance of a once-off grant of R17 000,00.
Particulars about the assistance are contained in regulations 4, 5 and 6 of the Regulations. A copy thereof is obtainable from the Office of the Fund Administrator.
The banking details must be confirmed by the bank by affixing the official stamp of the bank on the form.
at (place of exhumation).
(*Delete whichever is not applicable.
A transport allowance is requested for (requester) who must travel on (date) at (time) from to (place of exhumation).
(Give reasons why and the period for which the accommodation is hired.
A transport allowance is requested for (first recipient) who must travel on (date) at (time) from to (place of exhumation).
A transport allowance is requested for (second recipient) who must travel on (date) at (time) from to (place of exhumation).
(Give reasons why and the period for which accommodation is hired.
A transport allowance is requested for (third recipient) who must travel on (date) at (time) from to (place of exhumation).
It is intended to bring an application to the High Court, for an order presuming the death of , a person who was reported to the Truth and Reconciliation Commission as 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. Assistance provided for in regulation 3(2)(b) of the Regulations is requested for the purposes of the application to the High Court.
The person went missing (state the date on which or period during which the person went missing) at or near (state the place where the person is believed to have gone missing).
at (place of burial) and therefore a once-off grant of R17 000,00 is requested.
The remains of , the deceased victim, could not be found and therefore a once-off grant of R8 500,00 for a symbolic reburial is requested.
i. have consulted with the other relatives of the *missing person/deceased victim; and ii. have been designated by the other relatives of the *missing person/deceased victim to be the requester.
COMMISSIONER OF OATHS REQUESTER (*Delete whichever is not applicable.
ii. *am a person over the age of 21 years who knows the requester.
COMMISSIONER OF OATHS PERSON COUNTERSIGNING THE REQUEST (*Delete whichever is not applicable.