Final Comment
SAHRA must state that there is no regulation regarding a required 100 m buffer between infrastructure and burial grounds and graves. Only on 17 February 2021, SAHRA Council approved the Burial Grounds and Graves Permitting Policy. This policy states that “at least 100-meter buffer-zone where the site is proposed for mining developments”, however, these conditions are always stipulated on a case-by-case basis, taking into account the activities and their anticipated impacts to burial grounds. This policy is only relevant to applications after the approval of the policy. This policy cannot be applied retroactively to older applications.
In this case, a 50 m buffer between the pipeline and burial ground is an acceptable buffer. SAHRA requests that the following conditions must be adhered to:
A Management Plan must be developed in consultation with the affected families for the long-term conservation and management of the burial ground. This plan must include regular monitoring, maintenance, and access protocols for visitation by the families.
CaseReference
Applicable legislation
36(3)
38
Decision Date
Committee
Decision Status
Case Decision