Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)RegulationsRegulations on Exhumation, Reburial or Symbolic Burial of Deceased Victims1. Definitions |
In these Regulations, any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned and, unless the context indicates otherwise—
means the assistance provided for in regulation 3, read with regulations 4, 5 and 6 of the Regulations;
means the officer appointed by the Minister under section 42(6) of the Act;
means a ceremony during which the relatives of a deceased victim observe customary rituals to secure a safe passage for the deceased and to clean the relatives of the deceased victim from impurity or to remove bad luck from them;
[Definition inserted by regulation 2(a) of Notice No. R. 1305 of 2016]
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.
means the Department of Justice and Constitutional Development;
means the Fund established under section 42(1) of the Act;
means the officer designated by the Minister under section 42(5) of the Act;
means the ceremony during which the Department hands over the remains of a deceased victim, which have been found during an exhumation procedure contemplated in regulation 3(2)(a), to the relatives of a deceased victim;
[Definition inserted by regulation 2(b) of Notice No. R. 1305 of 2016]
means a person who was reported to the Commission as having disappeared or gone missing and who allegedly disappeared or went missing during the period 1 March 1960 to 10 May 1994, as a result of the conflicts of the past;
means the National Prosecuting Authority established in terms of section 179 of the Constitution of the Republic of South Africa, 1996, and as determined in the National Prosecuting Authority Act, 1998 (Act No. 32 of 1998);
means the burial of the physical remains of a deceased victim, which have been exhumed;
means a person designated for purposes of regulations 4, 4A, 4B, 5, 5A and 5B of the Regulations by the requester, after consultation with the other relatives of the missing person or deceased victim;
[Definition substituted by regulation 2(c) of Notice No. R. 1305 of 2016]
means—
| (a) | a parent of, or a person who exercised parental control over, a missing person or deceased victim; |
| (b) | a person who was married to a missing person or deceased victim under any tradition, or a system of religious, personal or family law; |
| (c) | a child of a missing person or deceased victim, irrespective of whether or not the child was born in or out of wedlock or was legally adopted; |
| (d) | a person to whom a 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 a missing person or deceased victim; |
means a relative of a missing person or deceased victim who requested assistance in terms of regulation 7 after having been designated by the other relatives of the missing person or deceased victim for this purpose;
means the form referred to in regulation 7;
means a ceremony during which the life and death of the deceased victim, whose physical remains cannot be found, are honoured; and
means the Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995).