According to Section 48(1)(d) and (2) of the Health Act, Act 63 of 1977, the responsibility for the removal and burial of the body of a destitute person or of an dead body which is unclaimed or which no competent person undertakes to bury and does bury, and for the payment of all costs entailed thereby, shall devolve upon the local authority of the district in which the dead body is at the time when the necessity for removal thereof first arises.

In the case of a person who has died in a hospital or other institution, such responsibility shall devolve upon the responsible authorities of such hospital or institution; Provided that the local authority shall remain so responsible in the case of a person who has been admitted to or kept in such hospital or institution on the order or on behalf of the local authority.

APPLICATION PROCEDURE FOR THE BURIAL OR CREMATION OF A DESTITUTE PERSON

Therefore, in accordance with the above-mentioned legislation The South African Police Service can request the local authority on the appropriate application form to bury or cremate the remains of the deceased on the local authority’s account, if they consider the deceased to be a destitute person.